H 



OL 



THIRD EDITION-AUGUST, 1894. 



New York Cable Address ; Washington Cable Address : 

" RiCHPATENT, NewyORK. " " RiCHARDS, WASHINGTON,' 



GENERAL INFORMATION 



RELATING TO 



PATENTS 

AND 

Trademarks, 



INCLUDING ALL THE 



PRINCIPAL COUNTRIES 



WORLD. 



/ 




/ 

William Evarts Richards. RICHARDS & CO., William Wallace White, 

PATENT AGENTS AND SOLICITORS, 

203 Broadway, New York, Uc S. A. 
1003 F Street, Washington, D. C, U. S. A. 



I 



Entered according to Act of Congress, in the year 1894, by Richards & Co.j 
in the office of the Librarian of Congress, at Washington. 



T T T'E desire to call attention to the fact that we 
devote ourselves exclusively to the transac- 
tion of business for Patent Solicitors and members of 
the Legal Profession. We neither solicit nor receive 
orders from inventors direct. 



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To 



GENERAL INFORMATION. 



a 



Execution of documents. — It is important that /t^^^ names, the full address, (street 
•.and house number if any) and t/ie occupation of each applicant should be clearly set 
forth in the preamble to the specification. In signing documents the applicants should 
write out all their names in full, as, for instance, JoJui Henry Augustus Smith. When 
the specifications sent are not written in the English language the signatures of the in- 
ventor and witnesses for each specification required should always be sent on separate 
sheets of paper in the following form : 

' ' In witness whereof , I have hereunto set my hand at 

this day of 18 " 



Witnesses : 

{Signature of two Witnesses.) 

Where the applicant is a corporation 
lowiEg manner : 



{Signature of Inventor.) 



all documents should be executed in the fol- 

The Company, 

By {Name of Officer who signs). 
{Title of Officer.) 




Provisional Patents or Caveats. — Provisional protection may be obtained in the 
following countries and for the following terms: 



British Guiana, 


12 months 


Orange Free State, 


6 months 


British Honduras, 


6 " 


Queensland, 


9 


Fiji Islands, 


6 " 


South Australia. 


12 " 


Great Britain, 


9 " 


South African Republic, 


6 " 


Leeward Islands, 


6 " 


Switzerland, 


3 years 


Natal, 


6 " 


Tasmania, 


9 months 


New South Wales, 


12 " 


Victoria, 


9 " 


New Zealand, 


9 " 


Western Australia, 


9 " 



Caveats may be filed, and are operative for the following terms, in 

Argentine Republic, 1 year, and'may be renewed from year to year. 
Canada; 1 year. Russia, 8 months. 

Hawaii, 1 " South Australia, 1 year. 

Confirmation of Invalid Patents.— Where the patentee is proved not to be the 
inventor, although he believed himself to be so, in some countries, the patent may be 
■confirmed, or a new patent may be issued to the patentee, confirming the grant. This is 
.at present the case in : British Guiana, British Honduras, Cape Colony, Jamaica, Lee- 
ward Islands, Natal, South Australia, Tasmania aud Victoria. 



GENEKAL INFORMATION. 

Compulsory Licenses. — Whenever it is shown that, by reason of the failure of a 
patentee to grant licenses, the patent is not being worked, or that the reasonable re- 
quirements of the public with respect to the invention cannot be supplied , or that any 
person is prevented from M'orking or using to the best advantage an invention of which 
he is possessed, the patentee may, in the following countries, be ordered to grant licensee, 
on such terms as may be just, according to the circumstances of the case: 

Ceylon, Orange Free State, 

Germany, Queensland, 

Great Britain, St. Helena, 

Hong Kong, South African Republic, 

India, Switzerland, 

Luxembourg, Tasmania, 

New Zealand, Western Australia. 

Norway, 

The State may buy and use an invention which it deems useful, in the following 
countries: 

Bolivia, * Russia, 

Ecuador, Sweden, 

Luxembourg, Switzerland. 

Norway, 

Patents for Communicated Inventions. — This is a strictly English procedure, and 
the practice is confined to Great Britain and a few of its Colonies. 

Importation of Patented Articles. — None of the principal foreign countries^ 
except France, Canada, Tunis, Turkey and Peru, make any restrictions as to the importa- 
tion of patented articles. In Canada, unless an extension of time is procured, the 
patented article must not be imported by the patentee, or by others with his knowledge 
or consent, after the expiration of one year from the issue of the patent. In the other 
countries patented articles must not be imported at all except under special permit. 
Such permit may usually be obtained for the importation of a single model or sample, at 
a cost of about |10. France and Tunis now belong to the International Union, how- 
ever, and citizens or subjects of countries belonging to the International Union may now 
import into these countries without restriction, but others are prohibited from so doing 
under the penalty of forfeiture of the patent. 

Marking of Patented Articles.— It is not compulsory to place any mark upon 
articles to indicate that they are patented, except in Canada, where the word ''Patented" 
and the year of the date of patent must be stamped or engraved on each article, as 
''Patented, 1887," or as the case may be; in Switzerland, where all patented articles 
must be marked with the Federal Cross (•►J-<) and the number of the patent, and in 
Mexico, where the word "Patentado, " the number and the date of patent must be marked 
upon all patented articles. 

The German Patent Office has suggested that patented articles be marked 
"Deutsches Reiches Patent," or with the letters "B. R. P.," adding thereto the official 
number of the patent. For France, if the articles are marked at all, or if the patentee 
mentions his title of patentee, or his patent, in advertisements, prospectuses or signboards, 
or by means of marks or stamps, the words "Sans Garantie du Government" must be 
added, under the penalty of a tine of from fifty to one thousand francs. In the event of a 
repetition of the offence the fine may be doubled. The patentee is liable to the same fine 
if he uses the title or mark after the patent has expired. The usual practice is to employ 
the initial letters 8. G. D. G., although several persons have, at various times, been con- 
demned for not using the words in full,. The law in Tunis and Turkey on this subject 
is substantially the same as in France. 

Time Required to Obtain Patents. — With but few exceptions it may be said that 
foreign patents are granted and issued within six months from the filing of the applica- 
tion therefor. The principal exceptions are as follows: Austria, about one year; Bolivia, 
from eight months to one year; Chili, from six months to one year ; Ecuador, very uncertain, 
from one to two years, or more; Germany, uncertain because of the examination as to 
novelty, from six months to one year, or more; Gnaatemala, very uncertain, from six 



GENERAL INFOEMATION. 5 

months to one year, or more; Norway, uncertain because of the examination as to 
novelty, from six months to one year, or more; Orange Free State, from six months to 
one year; Peru, very uncertain, from one to two years; Russia, usually eighteen months 
to two years; South African Republic, from six months to one year; Sweden and 
Switzerland, uncertain because of the examination as to novelty, from six months 
to one year; Uruguay, uncertain, from six months to two years. 

The time required to obtain special grant is usually from six months to one 
year. 

Time Required to Obtain Trademark Registration. — Trademark applications 
are usually acted upon very promptly, and the certificates issued within from three to 
six months from the filing of the application therefor. 

Examination as to Novelty, Patents.— In but very few foreign countries is any 
examination made as to the novelty or utility of the invention, the patent being granted 
as a matter of course upon the filing of the application, provided the documents filed are 
complete and in proper form. The countries making a more or less exhaustive exami- 
nation as to novelty and utility are as follows; Bolivia, Canada, Chili, Denmark, Ecuador., 
Germany, New South Wales, New Zealand, Norway, Peru, Queensland, Russia, South 
African Republic, South Australia, Sweden, Switzerland, Uruguay, and Victoria. In 
Cape Colony, Ceylon, Natal, Straits Settlements and some other countries applications 
may be referred to experts for a report as to the novelty and utility of the invention, but 
this is seldom done. In Germany the examination is particularly severe. 

Examination as to Novelty, Trademarks.— Trademark applications are ex- 
Amined to ascertain: 1 , whether the mark presented for registration is a lawful trademark 
within the meaning of the law; and 2, whether the mark has already been registered with 
respect to the same article or the same class of goods. 



PATENTS. 



ABYSSINIA. 



There is as yet no patent law in this country, and, so far as we know, no way in 
which inventions may be effectually protected. 



AFGHANISTAN. 



There is as yet no patent law in this country, and, so far as we know, no way in 
which inventions may be effectually protected. 



ARGENTINE REPUBLIC. 



LAW AND PRACTICE. 

Who May Be Patentee. — The actual inventor or his legal successor? Where an 
application is based upon a prior foreiga patent, and it is desired that the Argentine 
patent be issued to a person, firm or corporation other than the one in whose name 
such foreign patent was issued, a proper deed or deeds of assignment must be furnished 
with the application for patent, and the power must be signed by the assignee in whose 
name the patent is to issue. 

Patents, Kind and Term. — Provisional patents are granted for the term of one 
year, and may be renewed from year to year. Patents of Invention are granted for five, 
ten or fifteen years. A fifteen year patent can only be obtained upon inventions which 
have not, up to the date of application in the Argentine Kepublic, been patented else- 
where, and, in such case, the applicant must furnish with his application a declaration 
under oath, to the effect that he has not as yet applied for any patent in any other 
country, and that he makes his application in the Argentine Republic before applying 
elsewhere, because he believes it to be to his interest to do so. When a patent has been 
previously obtained in another country, the duration of the Argentine patent is limited 
to the duration of the foreign patent, but not to exceed ten years at the most. Patents of 
Addition will not be granted for a longer period than the life of the original patent, 
when the latter does not exceed ten years, except when half that time has expired, or 
when the improvement lessens by half, at least, the cost of production, time, risk or 
danger, or for other similar reasons, in which case the Comm'ssioner of Patents fixes the 
term for which the patent may be granted. A patent cannot be extended after its issue. 

Unpatent-^bl<». — Pharmaceutical compositions, financial schemes, such discoveries 
or inventions as have previous to the application received a sufficient publicity in books, 
pamphlets or periodicals either in this or foreign countries, to permit of their being 
worked ; those of a mere theoretical nature having no evidence of their practical use in 
industry; and finally, inventions contrary to morals, or to the laws of the Republic. 

Novelty, Effect of Prior Patent or Pnblication. — To obtain a valid patent 
the application must be filed before the invention has received sufficient publicity in 
books, pamphlets or periodicals, either in the Argentine Republic or abroad, to enable 
it to be put into practice. The holder of a prior foreign patent, may, subject to the 
above requirement, apply for and obtain a valid Argentine patent at any time during 
the existence of his foreign patent. 

Taxes. — There are none after the issue of the patent. ' 



8 ARGENTINE REPUBLIC. 

Assignments. — To effect the assignment of a patent, the following documents are 
necessary : 1. The Letters Patent ; 2. An assignment in the Spanish language, signed 
by the assignor before a Notary Public, and legalized by an Argentine Consul. Care 
must be taken to make no mention in the assignment of any other patent than the Argen- 
tine. 

When desired, we can obtain the legalization of the applicant's signature here at a cost ?f $3.00 
for each legalization. 

Working^. — The invention must be worked within two years of the date of the issue 
of the patent, and the working must not be interrupted tliereafter for two years at a 
time, except by circumstances beyond the patentee's control, or by accident duly certi- 
fied by the office. 

DOCUMENTS REQUIRED. 
The same documents are required for Provisional Patents and Patents of Addition. 

1,— Power of Attorney.— Signed by applicant before a Notary Public, and legal- 
ized by an Argentine Consul. 

2. — Drawing's in Daplicate. — On Drawing paper or tracing cloth of any suitable 
size. Must be made in black ink and to metric scale. No signatures necessary. 

3. — Specification. — May be written or printed on any suitable paper. No signa- 
tures necessary. 

4. — If a Prior Patent Exists. — It is necessary to send a certified copy of such patent, 
legalized by an Argentine Consul. The Patent Office, in every case, where the inventor 
is not a resident of that R ipublic, requires the production of either the declaration 
called for under the following heading, or of a foreign patent of the invention. It does 
not, however, insist upon such being the patent of the country where the inventor resides, 
but it may be that of any other country, so long as the specification and drawing agree 
exactly with those of the Argentine application. Where possible, it is always best to use 
a certified copy of the Spanish patent. 

5. — If no Prior Patent Exists. — A declaration to that effect signed by the appli- 
cant before a Notary Public and legalized by an Argentine Consul. This docu- 
ment must also be furnished in all cases where the specification and drawings of the 
Argentine application do not exactly agree in all important particulars with those of a 
prior foreign patent. In such case it will not be necessary to furnish a c«rtified copy of 
the foreign patent. 

AUSTRIA. 



Up to January 1, 1894, patents were issued upon a single application covering both 
Austria and Hungary. Austria and Hungary now issue separate and independent 
patents, one or both of which may be applied for at will, each patent requiring separate 
maintenance, such as the payment of taxes, working, etc. For patents granted or applied 
for before January 1, 1894, the former practice is still applicable. Such patents will 
remain as individual Austria-Hungarian patents, and all the requirements of the old 
practice as to the payment of taxes, working, etc., will be applicable to them for the 
whole of their term. 

LAW AND PRACTICE. 

Wlio May be Patentee. — Any person, whether the inventor or not ; a firm or a 
corporation. Where the invention has been patented in any or several foreign countries, 
a valid Austrian patent can only be obtained by the owmer of said foreign patent or pat- 
ents, or by his heirs, or legal successors or assignees. In such cases one of the foreign 
patents, chosen by the applicant, forms the basis of the Austrian patent applied for. 

Patents, Kind and Duration. — Patents of Invention are granted for fifteen years, 
subject to the payment of the required taxes, and the legal working of the invention. In 
former years it Was the custom of the Austrian olfice to issue the patent for the exact 
number of years for which the taxes were paid at the time of issue. This is no longer 
the case, the Minister of Commerce having decided (Decisions of July 27, 1882, and July 
18, 1888) that Austrian patents are, without exception, granted for the maximum term 
of fifteen years, subject to the payment of the legal taxes, etc., and the forms of the patent 
documents have now been changed, so as to leave no doubt as to the term of the grant. 
In case an Austrian patent is based upon a prior foreign patent, it is limited in term and 



AUSTRIA. 9 

-validity by the term and validity of such foreign patent, but it is quite independent of 
all other foreign patents for the same invention, veithout regard to their date. 

Unpatentable. — Preparations of food, beverages and medicines ; discoveries, inven- 
tions or improvements which cannot be worked for reasons of public health ; morals, 
or safety, or as being contrary to the general interest of the State; scientific principles, 
or strictly scientific theories, even if the principle or theorem lead to the creation of new- 
industrial products, a new means or a new method of production; inventions, which 
while worked in any foreign country are not patented there. 

Novelty, Effect of Prior Patent or Publication.— To obtain a valid patent 
the application must be filed before the invention has been made public in Austria, either 
by a printed publication, or by the invention having been worked there. The printed 
copies of patents issued by the German Patent OflBce will not prevent the obtaining of a 
valid Austrian patent, provided the application for the latter be filed within three months 
from the day of issue of such print, but a valid patent cannot be obtained after the 
expiration of this time. Printed copies of patents of other countries can only affect 
the validity of an Austrian patent when it is proven that they were introduced into 
Austria before the filing of the application. A valid Austrian patent can be obtained at 
any time during the life of a prior foreign patent for the same invention, so long as the 
invention has not been published, or become publicly known in Austria. 

Taxes. — The legal taxes may be paid at once and in a lump sum, or in annual 
installments, as preferred by the patentee. In the latter case they must be paid yearly in 
advance, counting from the date of the issue of the patent. The amount of the taxes 
payable to the government are as follows : Second, third, fourth and fifth years, each, 21 
florins; sixth year, 31.50 florins; seventh year, 37 florins; eighth year, 43 florins; ninth year, 
47.25 florins ; tenth year, 52.50 florins; eleventh year, 63 florins; twelth year, 73.50 
florins; thirteenth year, 84 florins; fourteenth year, 94.50 florins, and flfteenth year, 
105 florins. The Letters Patent should always be forwarded for the endorsement of such 
payment thereof. If for any reason it is impossible to forward the patent with the tax, 
the latter can be paid for one year without the production of this document. In this 
case, however, it becomes necessary to produce the patent with the next year's tax, or if 
it be lost, to apply for and obtain a duplicate of the patent. No extension of time for 
the payment of taxes can be obtained. 

Assignments. — The following documents are necessary : 1 . An assignment in 
German, signed by the assignor before a Notary Public and legalized by the Austrian 
Consul. 2. A power of attorney signed by the assignee before a Notary Public, and 
legalized by an Austrian Consul, authorizing the attorney to apply for and obtain the 
registration of the assignment and pay the taxes in connection therewith. 

Working. — The invention must be worked within one year from the day of the 
issue of the patent, and the working must not be discontinued thereafter for any two 
< onsecutive years. No extension of time for working can be obtained. To effect a 
legal working, the invention, if a machine, must be actually constructed in Austria, and 
of materials procured there; if a process, it must be put into operation there. Nominal 
workings, although very frequently made, are not legally valid, and we cannot recom- 
mend them. We will secure estimates of cost for actual workings, on receipt of particulars. 
According to the olficial decree of June 1, 1889, they must now be proven and entered 
upon the Patent Registers in connection with the patent to which they relate. 

• 

DOCUMENTS REQUIRED- 

1. One copy of Specification. — Written or printed on any paper. No signatures 
required. 

2. Drawings in duplicate. — May be made on tracing cloth, any size and margin. 
No signatures required. 

3. Power ot Attorney. — Signed by applicant before a Notary Public, and legal- 
ized by an Austrian Consul. 



10 BAHAMA ISLA^'DS. 

BAHAMA ISLANDS. 



LAW AND PRACTICE. 

IVho may be Patentee. — Practically anyone, -w-hether the inventor or not, as tlie 
first importer may obtain a valid patent, as well as the tirst inventor. 

Patents, Kind and Term. — Patents of Invention (or Importation) granted for seven 
years from the filing of the specification, but the duration maybe extended fortvro 
additional terms of seven years each, (twenty-one years in all) upon due apphcation and 
payment of the legal fees.' 

Unpatentable. — Inventions that are not new within the Islands, as to the public use 
and exercise thereof at the time the application for patent therefor is filled ; if the appli- 
cant for the patent is not the true and first inventor within the Islands (the word inventor 
being held to include the true and first importer) of the invention described in the specifi- 
cation ; iaventions which are at the time the specification is filed well-known elsewhere, 
and also known to some person or persons in the Islands other than the person filing 
such specification, and inventions already patented there. 

Novelty, Effect of Prior Patent or Pnblication. — To obtain a valid patent the 
application must be filed before the invention has been published or otherwise publicly 
known within the Bahama Islands. The fact that prior patents exist, or that the inven- 
tion has been pubhshed, or is publicly known and used in other countries, will not pre- 
vent the obtaining of a perfectly valid patent, so long as the invention is new as to the 
Bahamas at the time the application is filed. 

Taxes. — Strictly speaking there are none after the issue of the patent, the same 
being issiied for seven years and the fees paid at the filing of the application being in 
full for this term. If, however, it is desired to continue the patent in force for a longer 
time, it may be extended for a second term of &even years upon payment of a fee of £10 
and for a third term of seven years upon pavment of a further fee of £20. 

Assignments. — These should be prepared in duplicate, and in the English language; 
almost any form will answer, and no legalization of the document is now held to be neces- 
sary. As this practice may be changed at any time it is preferable to have the docu- 
ments acknowledged before a Xotary Public whenever it is convenient to do so . 

Special. — This Colony does not issue a formal document or ' ' Letters Patent " to 
serve as a title deed. It is hoped that the Colony will soon have proper forms printed, 
and issue such a document to every patentee. "^ Until this is done, however, t lie only 
documents that can be forwarded for the use of the patentee are : 1. The certificate of 
the Registrar of Records that the specification has been filed, and, 2. A copy of the Ofli- 
cial Gazette containing a notice of the filing of the specification. If desired, a certified 
copy of the patent can be obtained, but only at an expense of from sl.5to s35 according 
to the length of the specification, as the fees'demanded by the Attorney-General for such 
copies are very high. 

DOCUMENTS REQUIRED. 

1. Four copies of the Specification. — These may "t)e written or printed on 
any suitable paper, and of any size, Xo signatures nor legalization required. • 

2. Fonr copies of the Drawings.— On bristol board or tracing cloth, or any suita- 

able size. Xo signatures required. 

3. Petition. — Signed by applicant, may be on any suitable paper. 

1. Declaration. — Signed by applicant, before a Xotary Public, or other person 

authorized bv law to administer an oath, who must affix his official seal. 



BARBADOES. It 

5. Power of Attorney. — Signed by applicant and two witnesses. 

6. Where a prior foreign Patent exists.— A certified copy of such patent must 
be supplied. Where there are several foreign patents, the certified copy may^ be a copy 
of any one of them, but it is best, where possible, to file a copy of the United States- 
or British patent. 



BARBADOS. 



LAW AND PRACTICE. 

Who may be Patentee. — "The first and true inventor," which is interpreted to 
include the first and true importer into Barbados. 

Patents, Kind and Term. — Patents of Invention (or Importation), which are 
granted for seven years from the filing of the specification ; but the duration may be 
extended for two additional terms of seven years each (twenty-one years in all), upon 
due application made, and payment of the legal fees. 

Unpatentable.— Inventions that are not new in Barbados at the time the applica- 
tion is filed ; inventions of which the applicant for patent is not the true and first in- 
ventor within the Colony. (The word inventor is held to mean and include the true and 
first importer.) Inventions which are, at the time the specification is filed, well-known 
elsewhere, and also known to some person or persons in Barbados, other than the person 
filing the specification ; and inventions already patented there. 

Novelty, Effect of Prior Patent or Publication.— To obtain a valid patent the 
application must be filed before the invention has been published, or otherwise become 
publicly knowm in Barbados, but the fact that iirior patents exist, or that the invention 
has been published, or is publicly known and used in other countries will not prevent 
the obtaining of a perfectly valid patent, so long as the invention is new in Barbados at 
the time the application is filed. 

Taxes. — Strictly speaking there are none after the issue of the patent, the same 
being granted for seven years, and the fees paid at the filing, of the specification being in 
full for this term. If, however, it is desired to continue the patent in force for a longer 
term, it may be extended for a second term of seven years upon payment of a fee of £10, 
and for a third term of seven years upon payment of a further fee of £20. 

Assignments. — The documents must be prepared in duplicate in the English lan- 
guage. The signature of the assignor must be proven by one of the subscribing witnesses 
under oath, before a Notary, and the document must be legalized by a British Consul. 

Working. — The law requires that the invention must be "brought into operation 
within a period of three years after the filing of the specification." The present practice 
is not to require the actual construction of the patented article in Barbados, it being 
held sufficient to import, or cause the articles to be imported into the Colony, and there 
ofier and expose them for sale. In the case of a process it should be put into practice 
there. 

Special. — Barbados issues no formal document or Letters Patent, the only document 
issued to patentees being the official certificate of the filing of the specification. We also- 
supply a copy of the Official Gazette containing the legal notice of the filing of the speci- 
fication. A certified copy of the patent can be obtained when desired, but this is ex- 
pensive, costing from $20 to $40, according to the length of the specification. 



DOCUMENTS REQUIRED. 
1. — Specification in Daplicate.— Signed by the applicant. 



12 BELGIUM. 

2. Drawings in duplicate.— Any convenient size and material. Xo signatures 
required. 

3. Power of Attorney.— Signed by the applicant and two witnesses. The signa- 
ture of the inventor must be proven bv one of the witnesses under oath before a Notary 
and the document must be legalized by a British Consul. 

4. Declaration.— Signed bv applicant. 



BELGIUM. 



LAW AND PRACTICE. 

Who may he Patentee. — Any person, whether the inventor or not, a firm or cor 
poration. may obtain a patent. If the applicant is not the inventor, it is desirable that 
he should have the inventor's written consent permitting him to make the application. 

Patents, Kind and Term.— Patents are of three kinds : Patents of Invention, 
granted to the applicant who applies for his Belgian patent before the actual grant of 
letters patent in any other country ; Patents of Importation, granted to an inventor or 
his assigns who, previous to lodging his application in Belgium, has obtained letters 
patent in some other country ; Patents of Addition for improvements on inventions 
already patented. 

Patents of Invention are granted for twenty years, subject to the payment of the 
prescribed taxes, and proper working of the invention. Patents of Importation are 
limited to the term of the prior foreign patent having the longest term; not, however, 
to exceed the maximum duration. Patents of Addition are granted for the unexpire^^ 
term of the original patent and expire with it. 

Unpatentable. — Any discovery or improvement that is not capable of being 
■worked as an article of industry or of commerce. 

"VoYelty, Effect of Prior Patent or Publication.— To obtain valid patents, appli 
cations for Patents of Invention should be made before any public use or publication of 
the invention in Belgium, and before any patent for the same invention is actually issued 
in another country. It is sufficient under the present practice to file the Belgian 
application upon the date of issue of the United States patent. Applications for Patents of 
Importation may be made at any time during the term of the foreign patent, provided 
the patented article has not been worked, or made use of for commercial purposes in 
Belgium by other parties, or the complete specifications and accurate drawings of the 
patented article have not been published in a printed work, prior to the date of the 
application. (Official or other publications prescribed by law, such as the English blue 
books and the publications of the U. S. Patent Office, do not affect the validity of 
Patents of Importation.) Applications for Patents of Addition sliculd be made before 
public use, or publication of the invention in Belgium. 

Taxes.— Taxes arc payable upon all Belgian patents (except Patents of Addition), 
in instahments, yearly in advance, counting from the dale of the filing of the application. 
The annual taxes payable to the government are 20 francs for the second year ; 30 francs 
for the third year, and so on ; increasing ten francs each year. There is one month's 
grace, without fine, for making the payment, or six months' grace, with a fine of ten, 
francs ($2.00). 

Assignments. — The documents should be in the French language, and be executed 
in triplicate before a Notary Public, and legalized by a Belgian Consul. 

Working. — The invention must be worked in Belgium within one year of its first 
commercial working ia any other country, and the working must not thereafter be dis- 
continued for any twelve consecutive months. The workiug must be bona fide. If the 
invention relates to machines, tools, instruments or like articles, they should be manu- 
factured in Belgium in sufficient numbers to give the appearance, at least, of putting the 
invention into commercial use. If the invention relates to a process, the latter should be 
carried into practice in some manufactory in Belgium, and for a sufficient length of time 
to obtain proof that the working has been genuine. 



BELGIUM. BERMUDA ISLANDS. BOLIVIA. 13 



The question of working has been left by the law entirely to the discretion of the 
government, which alone has the power to decide what shall constitute an efficient 
working, and to judge in each individual case whether the working made is sufficient or 
not. The courts decline all competency in this matter, and assume that a patent ha& 
been properly worked until it has been annulled by the government. In the case of 
patents which have been annulled for insufficient working, the government has held 
that it is not sufficient to import the patented articles into Belgium from abroad and put 
them on sale there, even if large numbers are sold in the country by this means. It i» 
not even considered sufficient tc have a number of the patented articles made in Belgium 
if the same articles are also imported from abroad and sold in Belgium. The mer© 
importation of patented articles, except in limited quantities to serve as samples or 
models, while not prohibited by law, seems to be considered as contrary to the spirit of 
the law. To effect a strictly legal working therefore it would seem that the patentee 
should not only manufacture the patented article in Belgium, but should manufacture 
all sach articles there that may be required to meet the commercial demand for them, 
and abstain from importing similar articles from abroad for the purposes of trade. The 
government seldom or never interferes as regards the working of an invention unless 
called upon to do so by an interested party. If the inventor cannot then establish the 
fact that his invention has been properly worked his patent will be annulled. It is, of 
course, impossible for us to fix a stated price for legal workings, as the cost of manu- 
facture of different articles varies so greatly. We will, however, furnish estimates of 
costs in each individual case upon receiving particulars. 

Inasmuch as we are constantly receiving orders for nominal workings we quote a 
price for them, but it must be understood that we do not recommend them. 

DOCUMENTS REQUIRED. 
, 1. One copy of Specification. — No signatures required. 

2. Drawings in duplicate.— On tracing cloth. The sheets should measure 34 
centimetres (13% inches), in height, by 21 centimetres (8% inches), in Width, with a 
frame or margin line all around of 43^ centimetres (1^ inches), from the edge of the 
sheet. When this size is not sufficient it may be doubled or trebled either way, but the 
sheet must be capable of folding exactly within the above dimensions. No signatures 
necessary. 



3. Power of Attorney.— Signed by the applicant 



BERMUDA ISLANDS. 



There is at present no patent law in this British Colony. The government will, 
however, grant protection for inventions by way of special Legislative Act, provided 
the invention is likely to prove of practical utility in the country. 



DOCUMENTS REQUIRED. 

The same as for the Bahama Islands. 



BOLIVIA. 



LAW AND PRACTICE, 

Who may be Patentee. — The true and first inventor, or the true and first importer 
of an invention into Bolivia, 

Patents, Kind and Term.— Patents of Invention are granted for not less than ten, 
nor more than fifteen years. Patents of Importation are granted for three years if the 



14 BOLIVIA. BRAZIL. 

establisliment of the machinery or industry involves an outlavof 20,000 pesos; for six 
years if the outlay amounts to 50,000 pesos, and for ten years if it requires 100,000 
pesos. Patents date from the day upon which they are issued. 

"Cnpatentable. — Inventions contrary to the law or good customs; inventions merely 
-producing modifications of proportions; articles of pure adornment; secret remedies. 

Norelty, Effect of Prior Patent or Publication.— In order to obtain a valid 
i-atent of Invention the application therefor must be filed before the invention has been 
published or described in the press, either in Bolivia or in any other country. In case of 
a Patent of Importation the application must be filed before the invention has become 
known or used in Bolivia. A valid patent may be obtained for an invention already 
patented in another country, at any time, subject to the above requirements as to novelty. 

Taxes. — There are none after the issue of the patent. It should be noted , however, 
that the government exacts a deposit amounting usually to 300 bolivianos (about $300), 
to insure that the invention will be properly worked in the country. When proof of such 
working is furnished, this deposit may be'withdrawn. 

Assig-nments.— These should be prepared in duplicate and in the Spanish language, 
and must be accompanied by a power of attorney authorizing ihe recording of the assign- 
ment and the payment of the fees in connection there^vith. Ail the documents must be 
legalized by a Bolivian Consul. 

"^orkinff. — Patents must be worked within a year and a day from the date of issue 
under penalt}- of forfeiture. In the absence of any decisions upon this point it is 
diflicult to ascertain just what amount of working is necessary. There is little doubt, how- 
ever, but that an actual hana Jide working of the invention in Bolivia is requisite, and this 
working should be proven before the proper authorities. (See note under " Taxes " as to 
deposit ^required.) 

DOCUMENTS REQUIRED. 

The same as for Chili (which see). The power of attorney must be legalized by a 
Bolivian Consul. 

BRAZIL 



LAW AND PRACTICE. 

Who may be Patentee. — The author of any industrial discovery or invention. Joint 
inventors may obtain a joint patent. Inventors holding foreign patents may obtain a 
patent in Brazil confirming their rights there. A patent for an improvement on the 
subject matter of an existing patent (Patent of Addition) can be obtained during the 
first year of the original patent, by the inventor or his legal representatives only, but 
afterwards by other Inventors, who*^ may file a petition before the expiration of the first 
year in order to establish priority. 

Patents, Kind and Term. — Patents of Invention granted for fifteen years, subject to 
the pavment of the annual taxes. The patent will expire with a prior foreign patent for 
the same invention. Patents of Addition are granted for the life of the original patent 
and expire therewith. 

Unpatentable. — Inventions contrary to law and morality, or of a dangerous or 
noxious character, or which do not afford a practical industrial "result. 

>'oyelty, Effect of Prior Patent or PMbllcation.— To obtain a valid patent the 
application must be made before anv publication or public use of the invention in any 
country. If an inventor, having obtained a foreign patent, makes his application in 
Brazil within seven months of the date of the grant of the foreign patent, his right of 
priority will not be invalidated by reason of events which may occur inth£ interval, such 
as the application bv another party for the same invention, or the publication, working, 
or utilization of the' same in Brazil. Inventors can also publicly exhibit their inventions 
in Brazil prior to their applications for patents, on obtaining the necessary permir<sion 
for th« purpose. It should be noted, however, that where a prior foreign patent exists, 
the inventor can only obtain a valid patent by filing his application therefor within seven 
months of the date of such prior patent, and in general, a valid patent can only be 
(obtained when the application has been filed before the invention has become known in 
Brazil in any way, or been published or patented in a foreign country for seven months. 



BRAZIL. BRITISH BECHUANALAND. 15 

Taxes. — Taxes are payable in yearly installments, in advance, commencing to count 
Irom the date of the issue of the patent. Prolongations of time for making these pay- 
ments cannot be obtained. The tax payable to the government amounts to £2.7.3 for 
the first year, £3.10.10 for the second, £4.14.6 for the third, and so on, increasing 
£1.3.71^ yearly. 

Assignments. — In order to record an assignment the following documents must be 
furnished : 1. The Brazilian Patent. 2. A contract of sale or assignment written in the 
language of the country in which it is executed, legalized by a Brazilian Consul. 3. If 
the patent was not obtained through us, a Power of Attorney, legalized by a Brazilian 
Consul. 

Working.— The law requires the patentee to work the patent within three years 
from the date of its issue. The working must not be suspended at any time for a 
period exceeding one year. A legal working is effected only by an actual prosecution of 
the trade to which a patent relates, and the supplying of the article manufactured there- 
under in such proportions or quantities as are reasonable, taking into consideration its 
uses and consumption. The working should be proven before the end of the third year. 

To effect and prove a working we require the following documents : 1. A special 
power of attorney, the form for which we will supply upon request. This power must 
be legalized by a Brazilian Consul. 2. A statement showing whether the invention is 
being worked in Brazil, and if so, in what place or places, and any information and 
data^ith respect to the invention that may be useful. 

DOCUMENTS REQUIRED. 

1. One copy of the Specification. — May be on any paper and unsigned. It 
should bear a title designating the object of the invention, and indicate the full name, 
occupation, nationality, and residence of the applicant. Weights and measures 
should be shown in accordance with the metrical system, temperature according to 
the Centigrade thermometer) and density by specific weight. 

2. Drawings in Duplicate.— On white drawing board, 33 centimeters (13 inches) 
in height; by 21, 42, or 63 centimetres (8}4, 163^, or 24?^ inches) wide, with a simple 
margin line, leaving outside that line a margin of 2 centimeires ({^ of an inch). The 
drawings should be made to the metrical scale ; each sheet of paper bearing number of 
order, if there be several. When the application is for a Patent of Addition, the draw- 
ings should indicate, with the same ink, but with dotted lines or points, the modifications 
made in the original invention. No signatures necessary. 

3. Poirer of Attorney. — Signed by applicant before a Notary Public and legal- 
ized by a Brazilian Consul. 

4. For Patents of Addition. — It is necessary to forward the original patent. 



BRITISH BECHUANALAND. 



LAW AND PRACTICE. 

Wlio may be Patentee. — The true and first inventor, which is interpreted to in- ' 
elude the true and first importer of the invention within the Colony. 

Patents, Kind and Term. — Patents of Invention (or Importation) granted for four- 
teen years, but will expire with any first expiring prior foreign patent. The patent can 
sometimes be extended for an additional term of seven and perhaps fourteen yea^-s. The 
patent is dated as of the day upon which the application is filed. 

Unpatentable.— The law is silent on this point. 

Novelty, Effect of Prior Patent or Publication.— To obtain a valid patent the 
application therefor must be filed before any publication or put)lic use of the invention 
within the Colony. Publication, or the fact'that an invention has been patented, in a 
foreign country, does not prevent the obtaining of a perfectly valid patent so long as the 
inventi(»i is new within the Colony, at the time the applicaiion is filed. 



X6 BRITISH GUIAXA. 

Taxes.— A tax of £10 is payable before the end of the third year of the life of the 
patent, counting from the date of the application, and a further tax of £20, before the 
expiration of the seventh year. There are no provisions for extending the time for 
making payment. 

Assig-nments.— Should be prepared in duplicate. Any suitable form may be used. 

Working. — There are no requirements. 



DOCUMENTS REQUIRED. 

1. Specification in duplicate.— May be signed by the applicant or his attorney. 
May be -written on legal cap. 

2. Drawing's in duplicate. — On drawing board or tracing cloth, any convenient 
size. ;No signatures necessary. 

3. Power of Attorney. — Signed by applicant and two witnesses. 



BRITISH GUIANA. 



LAW AND PRACTICE. 

"Who May be Patentee. — The true and first inventor, which is interpreted toivilude 
the true and first importer of the invention within the colony- 
Patents, Kind and Duration. — Patents of Invention (or Importation), grant -d for 
fourteen years, subject to the payment of the prescribed tax. The Patent will expire 
with any prior foreign patent for the same invention. A patent may usually be ext-mded 
for an additional term of seven years upon due application made, and the paym( nt of 
the prescribed tax. 

Unpatentable. — The law provides that a patent may be declared void when it is 
shown that the grant of such patent is contrary to law, or prejudicial or inconvenie t to 
the public in general, or that the invention is not a new invention as lo the public, use 
and exercise thereof , or that the patentee is not the true and first inventor withiii the 
colony. 

Novelty, Effect of Prior Patent or Publication.— To obtain a valid patent the 
application therefor must be filed before the invention has been publicly known or t ^ed 
in the Colony. Publication of the invention, or prior patents in other countries can lot 
affect the validity of a patent subsequently obtained in British Guiana, provided the In- 
vention has not been publicly kn»wn or used there at the time the application is filed. 

Taxes. — A tax of $100 is payable to the government before the expiration of \ \e 
seventh year of the life of the patent, counting from the day of the filing of the app i- 
cation. There is no provision made for obtaining an extension of the time lor makir-g 
this payment, and if the tax is not paid in time the patent will be lost. 

Assignments. — These should be in the English language, and in duplicate, and mf f 
be in any suitable form. They should be legalized by a British Consul. 

Working. — There are no requirements. 

DOCUMENTS REQUIRED. 

1. Petition.— Signed by applicant, and legalized by a British Consul. 

2. Affidavit. — Signed by applicant. This should be made before a Notary 
Public and legalized by a British Consul. 



BRITISH HONDURAS. 17 

3. Specification in duplicate. — May be -written on any paper. Signed by appli' 
cant, and legalized by a British Consul. 

4. Drawings in duplicate. — May be of any convenient size, and on drawing 
board or tracing cloth. No signatures necessary. 

5. Power of Attorney. — Signed by applicant, and legalized by a British Consul. 



BRITISH HONDURAS. 



LAW AND PRACTICE. 

Who may be Patentee. — The first and true inventor, which is interpreted to in- 
clude the first and true importer of the invention within the Colony. 

Patents, Kind and Duration. — Patents of Invention (or Importation) granted for 
fourteen years, subject to the payment of the prescribed taxes. Extensions may some- 
times be obtained for seven or fourteen years by making due application. In case of 
prior foreign patents, the patent will expire with the first expiring foreign patent. 

Unpatentable. — The law is silent upon this point. 

Novelty, Effect of Prior Patent or Publication. — To obtain a valid patent the 
application therefor must be filed before the invention has been publii-hed or otherwise 
become publicly known or used in British Honduras. Publication of the invention or 
the fact that prior patents have been obtained in other countries cannot affect the validity 
of a patent subsequently obtained in the colony, provided the invention is new there at 
the time the application is filed. 

Taxes. — A tax of $50 is payable to the government before the expiration of the 
third year of the life of the patent, counting from the day upon which the application 
is filed,^ and a further tax of |100 is payable before the expiration of the seventh year. 
There is no provision made for obtaining ati extension of time for making these pay- 
ments. 

Assignments. — These should be in the English language and in duplicate, and 
may be in any suitable form. 

Working. — There are no requirements. 

DOCUMENTS REQUIRED. 

1. Petition. — Signed by applicant. 

2. Declaration. — Signed by applicant. It may be made before any ofllcial com- 
petent to take the same, but had better be made before a British Minister or Consul 
when convenient. 

8. Specification in Duplicate. — Written bookwise upon sheets of paper, each of 
the size of- 21 j4 inches in height by 143^ inches wide, leaving a clear margin of 1}^ 
inches on every side of the sheet ; to be signed and sealed by tiie applicant. 

4. Drawini-'S in Duplicate.— Must be made upon a sheet or sheets of drawing 
paper or tracing cloth, each of the size (f21}4 inches in length by U% inches in breadth, 
or 2H inches in breadth, by 293^ inches in length. No signatures required. 

5. Power cf Attorney,— Signed by applicant. 



18 ' BRITISH NORTH BORNEO. 



BRITISH NORTH BORNEO, 



LAW AND PRACTICE. 



Who may be Patentee. — The actual inventor, his heirs, executors, administrators 
and assigns; the first importer, or the holder of a British patent, or patent granted in any- 
British Possession. 

Patents, Kind and Term.— Patents of Invention f(or Importation), granted for 
the term of fourteen years from the date of the filing of the specification. Provision is 
made for the extension of the term of a patent for such further term, not to exceed four- 
teen years, as the Governor may see fit to direct. In case a prior patent for the same 
invention has been obtained in Great Britain, or in any British Possession, the patent 
will be granted for the unexpired term of such prior patent, and will expire therewith. 

Unpatentable.— Section 4, of the law provides that no person shall be entitled to 
any exclusive privilege under the ordinance; if the invention is of no utility, or, if the 
invention, at the time of presenting the petition for leave to file the specification, was not 
a new invention within the meaning of the ordinance; or, if the petitioner is not the in- 
ventor thereof; or, if the specification filed, or the amended specification (if any), does 
iiot,particularly describe and ascertain the nature of the invention, and in what manner 
the same is to be carried out, with the particulars required by section 11 of this ordinance; 
or, if the original or any subsequent petition relating to the invention, or the original or 
any amended specification, contain a willful or fraudulent misstatement. 

Novelty, Effect of Prior Patent or Publication.— The application must be filed 
before the invention has been publicly used in Great Britain, in the Colony, or in any 
other British Possession. Public use of the invention in fraud of the inventor, or if the 
knowledge thereof shall have been obtained surreptitiously, or in fraud of the inventor, 
or shall have been communicated to the public in fraud of the inventor, or in breach of 
confidence, will not be deemed a public use of the invention within the meaning of the 
ordinance, provided that the inventor shall, within six months after the commencement 
of such public use, apply for leave to file his specification, and shall not previously have 
acquiesced in such public use. It is also provided that the use of an invention in public 
by the inventor thereof, or by his servants or agents, or by any other person by his 
license in writing, shall not be deemed a public use thereof, within the meaning of the 
ordiuance. 

Taxes. — There are none after the issue of the patent. 

Assignments. — Should be prepared in duplicate. Any suitable form may be used. 

, Working. — There are no requirements. 

DOCUMENTS REQUIRED. 

1, Petition.— Signed by applicant. 

2. Declaration to Accompany Petition.— Signed by applicant, 
So Specification in duplicate.— Signed by applicant. 

4. Declaration to Accompany Specification.— Signed by applicant. 

5. Drawings in duplicate.- On drawing board or tracing cloth, any suitable size. 
No signatures. 

G. Power of Attorney.— Signed by applicant 

7. Blue Book of British Patent, if any exist. 



CANADA. 19 

CANADA. 



LAW AND PRACTICE. 

Who may be Patentee. — The actual and true inventor, his assigns or his legal rep- 
resentatives. Joint inventors may obtain a joint patent. The patent may be issued to 
the inventor alone, or to the inventor and his assignees, or to his assignees alone, but the 
inventor must sign the papers in all cases, if he be alive. If the inventor be dead his as- 
signee or legal representative may sign, stating in the oath that he believes that the in- 
ventor was the true and first inventor. 

Patents, Kind and Term. — Patents of Invention, which are granted for eighteen 
years, subject to the payment of prescribed fees and proper working of the invention. 
In case of prior foreign patents, the patent will expire with the first expiring foreign 
patent. Extensions can only be obtained by special legislative act. Caveats may be filed 
l)y any intending applicant for a patent who has not yet perfected his invention, and the 
same will remain in force for one year. There is no provision for the renewal of 
Caveats. 

Unpatentable. — Inventions which have an illicit object in view, or any mere scien- 
tific principle or abstract theorem. 

Novelty, Eifect of Prior Patent or Publication. — To obtain a valid patent 
the application should be filed before the invention has been in public use or on sale in 
Canada, with the consent or allowance of the inventor thereof, for more than one year, 
and in case a foreign patent exists for the same invention, before the expiration of twelve 
months from the date of such foreign patent. Section 16 of the law empowers the 
Commissioner of Patents to object to the grant of a patent for an invention which has 
been described in a book or other printed publication before the date of the application, 
or that is otherwise in possession of the public. 

Taxe^. — If the taxes for the full term of eighteen years are not paid before the issue 
of the patent, a tax of $20 is payable during and before the expiration of the sixth year 
of the life of the patent, and a further tax of $20 before the expiration of the twelfth year. 
No prolongation of time for making these payments can be obtained. 

Assignments. — These should be in the English language and in duplicate. No 
special form of document is prescribed. 

Working.— The patent will be void at the endtwo of years, unless within that period 
the working of the invention shall have been commenced, and, after such commence- 
ment the construction or manufacture of the invention must be continuously carried on 
iu Canada, in such manner that any person desiring to use it may obtain it, or cause it to 
be made for him, at a reasonable price, at some manufactory or establishment for mak- 
ing or constructing it in Canada. This term of two years may usually be extended for 
from six months to one year upon application, which must be made not more than three 
months before the expiration of the two year period. It is the present practice of the 
Commissioner to grant these extensions from year to year upon seasonable application. 

It is considered by good authorities in Canada, that the actual and continuous 
manufacture of the patented invention is not necessary to constitute a legal working, 
and it is now the practice to work the patent by concluding arrangements with some 
agent or manufacturer to be prepared to make the patented articles, and then to ad- 
vertise that they can be obtained on application to the said agent or manufacturer. 

Special. MARKING PATENTED ABTICLES.— Patented articles must be 
marked or stamped with the word ''Patented," together with the year of the date of 
the patent ; as, for instance, " Patented 1887," or as the case may be. 

IMPORT A TION OF PA TENTED AR TICLES. —If the patentee or his assigns, or 
his or their representatives, after the expiration of twelve months from the grant of the 
patent (or any authorized extension of this time), imports the invention or causes the same 
to be imported into Canada, the patent will become void as to the interest of the person 
or persons so irhporting or causing the invention to be imported. The term for import- 
ing may usually be extended for a further period, by making proper application. 



20 CAPE COLOXY. 

AMEXDATEKT OF SPECIFICATION.— "The specification may be amended at 
any time by "way of disclaimer. Patents may be re-issued and amended wherever they 
are deemed to be inoperative or defective, when it appears that the error arose from. 
inadvertence, accident or mistake, without any fraudulent or deceptive intention. 

' MODELS OB SPECIMENS — Are no longer required in ordinary cases. 



DOCUMENTS REQUIRED. 

The papers should be written or printed on leg-al cap, on one side only, 

1. Petition. — Signed by the applicant. 

2. PoTver of Attorney. — Signed by the applicant and one or two witnesses. 

3. Dnplicate Specifications.— Both copies must be signed by the applicant and 
two Avitne&ses. 

4. Dramng-s in duplicate. — On tracing cloth. The sheets must measure exactly 
eight inches wide^by thirteen inches high. As many sheets may be used as are neces- 
sary. Beside the drawings on tracing c-lothit is necessary to furnish an additional view 
or views upon a sheet of good white bristol board of exactly the same size as the trac- 
ings. This last drawing is used by the Canadian Office to photo-lithograph from, and it 
is not necessary that it should include all the figures of the drawings; a single figure will 
be sufficient, provided it shows the entire invention clearly and fully. No reference 
letters are required upon the bristol board drawing. The drawings need not be signed 
by the applicant. 

o. Oath. — Sworn, or affirmed to. and signed by the applicant. The oath may be 
made before any Justice of the Peace in Canada ; but if the applicant is not at the time 
in Canada, the oath may be made before any ^linister Plenipotentiary, Charge d' Affaiv.'<. 
Consul, Yice-Consul or Consular Agent, holding commission under the government of 
the United Kingdom of Great Britain, or any judge of a court of record, or a Notary 
Public, or the Mayor or other chief magistrate of any city, borough or town corporate 
in the country in which the applicant happens at the time to be. The oath must in 
all cases be attested by the proper official seal of the officer before whom the oath is taken. 



CAPE COLONY. (CAFE OF GOOD HOPE.) 



LAW AND PRACTICE. 

Who may he Patentee. — The true and first inventor, which is interpreted to in- 
clude the true and first importer of the invention within the Colony. 

Patents, Kind and Term. — Patents of Invention (or Importation) granted for four- 
teen years, but will expire with any first expiring prior foreign patent. The patent can 
sometimes be extended for an additional term of seven and perhaps fourteen years. The 
patent is dated as of the day upon which the application is filed. 

Unpatentable. — The law is silent on this point. 

NoTelty, EflFect of Prior Patent or Pnhlication.— To obtain a v^lid patent the 
application therefor must be filed before any publication or public use of the invention 
within the Colony. Publication, or the fact'that an invention has been patented, in a 
foreign country, does not prevent the obtaining of a perfectly valid patent so long as the 
invention is new within the Colony, at the time the application is filed. 



CEYLON. 21 

Taxes.— A tax of £10 is payable before the end of the third year of the life of the 
patent counting from the date of the application, and a further tax of £30, before the 
expiration of the seventh year. There are no provisions for extending the time for 
making payment. 

Assignments.— Should be prepared in duplicate. Any suitable form may be used. 

Working. — There are no requirements. 



DOCUMENTS REQUIRED. 

1. Specification in duplicate.— May be signed by the applicant or his attorney, 
jilay be written on legal cap. 

2. Drawings in duplicate. — On drawing board or tracing cloth, any convenient 

size. No signatures necessary. 

3. Power of Attorney. — Signed by applicant and two witnesses. 



CEYLON. 



LAW AND PRACTICE. 

Who May Be Patentee.— Patents are granted to the true and first inventor, his 
executors, administrators, or assigns. A mere importer cannot obtain a valid patent. One 
or more other persons may join the actual inventor in making the application, and the 
patent will issue to all jointly. 

Patents, Kind and Term. — Patents of Invention are issued for fourteen years, 
counting from the date of the filing of the petition. Patents may, in exceptional cases, 
be extended for a further term of seven or fourteen years. The patent will expire with 
any prior dated foreign patent. 

Unpatentable. — A person is not entitled to a patent in the following cases : 1. If 
the invention is of no utility ; 2. If the invention, at the time of the filing of the petition, 
Avas not a new invention ; 3. If the petitioner, or some one or more of the petitioners is or 
are not the true inventor or inventors thereof ; 4. If the original or any amended speci- 
:ficationdoes not fulfill the requirements of the Ordinance; 5. If any petition or speci- 
fication contains a willful or fraudulent misstatement ; 6. If the petition is made after 
the expiration of one year from the date of the acquisition of an exclusive privilege in 
respect of the invention in any place beyond the limits of the Colony and the United 
Kingdom of Great Britain. 

Novelty, Eflect of Prior Patent or Pahlication.— A valid patent may be 
obtained at any time so long as the invention has not been publicly used, or made publicly 
known by means of a written publication, in any part of Ceylon or the United Kingdom 
of Great Britain, before the filing of the petition. Public use or know ledge of an inven- 
tion in fraud of an inventor will not bar the issue of a valid patent, provided that the 
inventor has not acquiesced in such public use or knowledge, and that he files his petition 
within six months of such use or knowledge. The use of an invention in public by the 
inventor, or by any other person by his license in writing, for a period not exceeding one 
year preceding the filing of his petition, is not a bar to the issue of a perfectly valid 
patent. A valid patent may also be obtained at any time within twelve months from the 
sealing of a British patent for the same invention, provided the invention was not publicly 
known or used in Ceylon at or before the date of the application for the British patent, 
even though it may have been publicly used or known in Ceylon or some part of Great 
Britain before the'^filing of the petition in Ceylon. 

Taxes. — A tax of 50 rupees is payable at or before the expiration of each of the 
fourth, fifih, sixth, seventh and eighth years of the life of the patent, and a tax of 100 
rupees at or before the expiration of each of the ninth, tenth, eleventh, twelfth and thir- 
teenth years. Should a patentee fail to pay any tax within the prescribed time, an ex- 



22 CHAXXEL ISLANDS. CHILI. 

tension of time for making such payment, not, ho-^ever, to exceed three months, maj- be 
obtained upon payment ^f the following fee : if such extension does not exceed"one 
month, 10 rupees ; two months, 25 rupees ; three months, 50 rupees. 

Assignments. — There should be prepared in duplicate, and may be in any suitable 
form. 

Workinff. — These are no requirements, but the Governor in Executive Council may 

require a patentee to grant licenses, if the invention is not being worked in Ceyh n, or the 
reasonable requirements of the public wirh respect to the invention cannot be supplied, 
or if any person is prevented from working or using to the best advantage an invention 
of which he is possessed. 

DOCUMENTS REQUIRED. 

1. Petition. — Signed by the applicant. 

2. Appointment of Agent. — Signed by the applicant and two witnesses. 

3. Specifieation in Dnplieate. — Signed by the applicant. They must be written 

upon one side only f>f strong, wide-ruled paper of 'a size of 13 inches in height by 8 inches, 
wide, leaving a margin of 3 inches on the left hand side. 

4. Drawinar?* in Daplicate. — These must be made upon pure white, smooth 
drawing paper, or bri>tol board, the sheets of which must measure 18 inches in height by 
8 inches Avide. A margin line should be drawn all round one-half an inch from the 
edge. 



CHANNEL ISLANDS. 



The British Patent no longer covers the Channel Islands. TVhen the last English 
Act was passed, copies were sent to the Legislative Assembly so that that body might 
frame a measure upon the same lines, applicable to the islands. Two such Acts were 
drawn up ; the first was not approved by the English Board of Trade andwas re- 
turned to be improved. The second was passed, but at the date of our last advices it had 
not yet received the Royal sanction. 

It is, however, possible to obtain protection in the Island cf Jersey for inventions 
already patented in Great Britain, by the registration of a certified copy of such patent 
upon the Rolls of the Royal Court. We understand that similar protection may be 
obtained ii the island of Guernsey, iu the same manner. Further particulars will be 
given on application. 



CHILL 



LAW AND PRACTICE. 

Who may be Patentee.— The author or inventor of any art, manufacture, machine 
or instrument, preparation of materials or any improvement thereof. 

Patents, Kind and Term— Patents of Invention. The law of September 9, 1840, ' 
fixed the maximum term of a patent at ten years, but a law of January 20, 1883, gave 
power to the President of the Republic to extend the term of a patent to as much as 
twenty years. The term of a patent is fixed by the government in each case. The 
practi'ce'at present is to allow inventors the maximum term in almost all cases. 

Unpatentable. — The law is silent upon this point. 



CHILL CHINA (CHINESE EMPIRE). 23 

NoTelty, Effect of Prior Patent or Publication.— To obtain a valid patent, the in- 
vention must be unknown in Chili at the time the application is filed. Prior publica- 
tion or patents in foreign countries will not prevent the obtaining of a perfectly valid 
patent in Chili, provided the invention is new there at the time the application is filed. 
Whenever an application is filed for an invention that is known and practiced in a for- 
eign country, the particulars as to 1 he application are published in the Official Gazette; 
and interested parties can, within thirty days from the date of such publication, oppose 
the grant of a patent upon showing that the invention or industry has been put into 
practice in Chili, or that steps have been taken and expense incurred for the introduc- 
tion of the same, prior to the date of the filing of the application. 

Taxes. — There are none after the issue of the patent. 

Assignments. — The documents should be in the Spanish language and be executed 
in duplicate, and legalized by a Chilian Consul. In case the patent has not been taken 
out through our agency, a Power of Attorney, also legalized by a Chilian Consul, should 
be furnished. 

Working. — A term is fixed in each patent for the establishment of the machinery, 
plant, or manufacture of the patented article in Chili, on the conclusion of which the 
term of the patent will commence to run. If, at the expiration of this term of estab- 
lishment the invention has not " come into work " the patent lapses, as it will also do if 
the working is abandoned for more than one year at a time, or if the products are adul- 
terated, becoming inferior to the samples, specimens or models exhibited. It will be seen 
therefore that a full and actual manufacture of the patented article in Chili is called for. 



DOCUMENTS REQUIRED. 

1. Power of Attorney.— Signed by the inventor before a Notary Public, and 
legalized by a Chilian Consul. 

2. Specification. — Any suitable form, no signatures necessary. 

3. DrawinffS in Duplicate. — On drawing board or tracing cloth, of any con 
venient size, leaving ample margin at tbe sides. No signature necessxry. 

NoTK— The Chilian law requires an oath, but as the Attorney is allowed to siyu same it is 
not necessary to send it. <= , o 



CHINA (EMPIRE OF). 

There are no existing National laws in China for the protection of inventions, and 
tbe only methods by which foreigners can obtain protectiqn, are as follows : 

1. By securing a special grant from the National authorities, conferring on the 
grantee a monopoly of the manufacture and sale of the invention. This method is an 
expensive one, involving a cost of from $1,000 to $5,000, or more, without any certainty 
of obtaining the grant. 

2. By registering copies of the specification and drawings of tbe invention in tbe 
Chinese Foreign Office and at a foreign Consulate, and by due publication of the inven- 
tion and the inventor's rights of ownership in the principal Chinese official newspa-^ers. 

The last method is not so expensive, and would seem to afford fully as much pro- 
tection as the former. 

^ The Chinese Government has very recently taken measures to prevent the infringing 
of inventions. _ The Tsungli Yamen (Foreign Office) has instructed the proper authori- 
ties to inquire into charges of infringement and to arrest and punish guilty parties. 

DOCUMENTS REQUIRED. 

A power ofattorney in the English language, and duplicate copies of specifications 
and drawmgs. Almost any form of documents may be used. 



24 COLOMBIA. 

COLOMBIA UNITED STATES OF). 



The Isthmus of Panama, from the southern border line of Costa Rica, and the old State of 
New Granada, now form part of the United States of Colombia. 



LAW AND PRACTICE. 

Who may be Patentee. — The inventor, importer, or holder of a foreign patent for 
any invention or improvement of mechanical apparatus, combination of materials, or 
process, or for the making and sale of any manufacture or industrial product. 

Patents, Kind and Term. — Patents of Invention (or Importation) granted for five, 
ten, fifteen, or twenty years as the applicant may elect. A patent granted in Colombia 
for an invention already patented in a foreign country expires with the foreign patent. 

Unpatentable. — Inventions endangering public health or security, or that are 
opposed to morality or to existing rights. The law also provides that no privileges shall 
be granted for the importation of natural or manufactured productions from foreign 
countries. 

Novelty, Eifeet of Prior Patent or Publication.— To obtain a valid patent, the 
application must be filed before the invention is known in Colombia. Inventions already 
patented in a foreign country, may be patented in Colombia at any time during the life 
of such foreign patent, provided the invention is not publicly known in Colombia at the 
time the application is filed. 

Taxes. — There are none after the issue of the patent. 

Assignments. — Should be in the Spanish language, and in duplicate. They must 
be legalized by a Colombian Consul. 

TVorking. — The law provides that "A patent for a new industry shall be void 
when said industry is not practiced during a whole year, unless unavoidable circum- 
stances should have intervened." In the absence of decisions covering this point, it is 
not possible to say just what working is required to satisfy the law, and what cireum- 
stances will be held to justify a failure to make the first or any subsequent working. 
There is not much doubt, however, that the intent of the law is to insure the establish- 
ment of a new industry in Colombia with the grant of every patent, and to demand that 
the manufacture of the patented article be carried on there continuously, or at least that 
such manufacture shall not be interrupted for a whole 3'ear at any one time. 



DOCUMENTS REQUIRED. 

1. Specification —On any paper and in any form. No signatures necessary. 

2. Drawings in Duplicate. — On drawing board or tracing cloth, any convenient 
size. Xo signature necessary. 

3. Power of Attorney — Signed by applicant before a Notary Public, and legal- 
ized by a Columbian Consul. 

4. If a prior f(»reign patent exists a certified copy of the same must be fur 
nished, which must be leeralized bv a Colombian Consul. 



CONGO FREE STATE. CORE A. COSTA RICA. 25 

CONGO FREE STATE. 



LAW AND PRACTICE. 

Who may be Patentee. — Practically anyone, -whether the inventor or not. The 
assignee of an inventor cannot obtain a strictly valid Patent of Invention, but may obtain 
a valid Patent of Importation. In case the applicant is not the actual inventor, it will be 
well for him to first obtain the written consent of the inventor, authorizing him to apply 
for the patent in his own name, and to have this document legalized by a Belgian 
Consul. 

Patents, Kind and Term. — Patents are of three kinds: Patents of Invention granted 
for a term of twenty years ; Patents of Importation, the term of which is limited by the 
term of the foreign patent upon which it is based; and Patents of Addition (for improve- 
ments upon an original invention) which expire at the same time as the original patent. 
All patents date from the filing of the application. 

Unpatentable. — The law makes no exceptions, but provides that every discovery 
and every improvement capable of being worked as an object of industry or commerce, 
is patentable. 

Novelty, Effect of Prior Patent or Publication.— The law is silent upon this 
point, but the practice is the same as for Belgium (which see). 

Taxes. — There are none after the issue of the patent. 

Assignments.— These should be executed in duplicate in the same form as for 
Belgian assignments, and be legalized by a Belgian Consul. 

Working. — The law makes no requirements. 

DOCUMENTS REQUIRED. 

The documents required are precisely the same as for Belgium (which see). The 
Power of Attorney must be legalized by a Belgian Consul, 

If the application is for a Patent of Importation information should be supplied 
setting forth the date aid term of the original patent, and the country where it was 
granted. 



COREA. 



There is at present no law for the protection of inventions in this country. It is 
believed, however, that special grants, having the same force as patents, would be 
allowed should any application be made for them. 



COSTA RICA. 



There is, as yet, no patent law in this country. The Government will, however, 
grant protection for inventions by way of special Legislative Act, provided the inven- 
tion is likely to prove of practical utility in the couQtry. 

DOCUMENTS REQUIRED. 

The same as for Chili. Tlie power of Attorney should be legalized by a Consul of 
Costa Rica. 



CYPRUS. BANISH WEST INDIES DENMARK. 

CYPRUS. 



A law for the protection of inventions, trade-marks and copyrights "was lately intro- 
duced in the Lepslative Council by the government, but -was rejected by reason of the 
strenuous opposition of the native members, who command a majority in the Council. "We 
are advised that unless the Colonial Office exercises its power of legislating upon the 
subject by order in Council, there js little prospect of there being any patent law in 
Cyprus for some time to come. It is possible that special grants could be obtained, but 
all such measures would doubtless be strongly opposed by the natives. 



DANISH WEST INDIES. 



LAW AND PRACTICE. 

There is as yet no special law, but patents are granted upon application by the King 
of Denmark, upon the same general terms and conditions as the Danish patent, (See 
Denmark for further particulars.) 

DOCUMENTS REQUIRED. 

Same as for Denmark, which see. 



DENMA.RK. 



A new patent law has been enacted and Tvill come into force July 1, 1894. Its prin- 
cipal provisions are as follows : 

LAW AND PRACTICE. 

"Who may be Patentee. — The actual invertor only, or a person to whom his right 
has legally passed. Where there are several applicants for a patent for the same inven- 
tion, the person who first filed his application has right of preference to obtain the patent. 

Patents Kind and Term. — Patents of Invention, granted for fifteen years, counting 
from the issue of the patent, subject to the payment of the prescribed taxes aud proper 
working of the invention. Patents of Addition, granted for tlie unexpired term of the 
original patent and expiring therewith. Dependent Patents granted for modifications in 
inventions already patented, when the modifications are so material that they can be 
considered as a separate invention, granted for the same term and under the same con- 
ditions as Patents of Invention. 

Unpatentable. — 1. Inventions which cannot be considered of any special import- 
ance; 2. Inventions the exercise of which would be contrary to law, morality or public 
order ; 3. Inventions which, at the time the application for patent was fileo, had been 
so described in a publicly accessible work or paper, or had been so openly used in Den- 
mark, that persons skilled in the art w^ould be enabled to work them, and, 4. Inventions 
relating to medicines, articles of food or nouri&hment, and methods of making articles 
of food. 

Novelty, Effect of Prior Patent or Pnblication.— A valid patent may be ob- 
tained at any time so long as the invention has not been published in any country, or so 
openly used in Denmark that persons skilled in the art can work it. 



DENMARK. DUTCH INDIES. W 

Taxes. — Taxes are payable on all patents (except Patents of Addition) in installments, 
yearly in advance, counting from the issue date of the patent. These taxes amount to 
25 kroner for each of the first tliree years ; 50 kroner for each of the next three years ; 
100 kroner for each of the next tijree years ; 200 kroner for each of the next three years; 
ami 800 kroner for each of the last three years. There is three months' grac3 for mak- 
ing the payment, but in such case a fine amounting to one-fifth of the tax then due 
must be paid. 

Assignments. — The documents necessary are : 1. An assignment signed by the 
assignor ; 2. An acceptance of the assignment signed by the assignee. The documents 
must be legalized by a Danish Consul. 

Working.^The invention must be worked within three years from the date of the 
issue of the patent, and the working must not be discontinued thereafter for more than 
a year at a time. The Patent Commission may, however, extend these terms upon 
application, when it is shown that circumstances for which the patentee cannot be held 
responfcible have prevented the working. The Patent Commission can also relieve the 
patentee from the obligation to manufacture the patented article in Denmark, when it is^ 
shown that the expenses to be incurred thereby are out of reasonable proportion to the 
consumption, on the condition that the patentee sees that the article can always be pur- 
chased in Denmark by anyone. 

Special. — A patent cannot be maintained against any person who, prior to the filing of 
the application, has used the invention, or made the more material preparations so to do. 

Applications will be subject to examination as to the novelty and utility of the inven- 
tion, the practice in this regard being similar to that in Norway and Sweden. 

Patents issued under the old regulations may be exchanged for patents under the new 
law, provided that application therefor be made before July 1, 1897, and provided th& 
invention is patentable according to the provisions of the new law. In such case 
the patent will date from the date of the original grant, and the patentee will be 
required for the future to pay the annual taxes prescribed by the new law, such taxes 
to be charged according to the date of issue of the original patent. 

An application which has been filed but not finally decided upon prior to July 1, 
1894, will be treated, and the patent, if granted, be issued in accordance with the regula- 
tions hitherto in force, unless the applicant, within fourteen days from the date upon, 
which the law comes into force, file a written application asking that the provisions of 
the new law may be applied to the application, paying at the same time a fee of twenty 
kroner. 

There having been no fixed limit of time for the filing of appeals, applications here- 
tofore rejected may be revived, and the applications further prosecuted under the new 
law, by filing an appeal, and making due application at once, so that the case will be 
pending when the new law comes into force. 

DOCUMENTS REQUIRED. 

No regulations have yet been made under the new law. The following will prob- 
ably be sufficient : 

1. Specification. — "Written or printed on any paper. No signatures necessary. 

2. Drawings in duplicate.— On any material, tracing cloth preferred, any con- 
venient size. No signatures necessary. 

3. Power of Attorney. — Signed by applicant. No witnesses or legalization are 
necessary. 



DUTCH EAST INDIES 

AND 

DUTCH WEST INDIES, 



These Colonies have been declared members of the International Convention for the 
protection of Industrial property, but have no patent laws as yet. 



28 ECUADOR. EGYPT. 

ECUADOR. 



LAW AND PRACTICE. 

Who may he Patentee. — The first inventor or the first importer of a machine or 
of a new method or process into Ecuador. 

Patents, Kind and Term. — Patents of Invention granted for a term not less 
than ten years or more than fifteen. Patents of Importation, granted as follows : If 
the introduction of the invention requiries a preliminary outlay of 25,000 .pesos, the 
term of the patent is three years ; if the outlay amounts to 50,000 pesos, the term 
is six years ; if the expense reaches 100,000 pesos, the term is extended to ten 
years-. It should be observed that the procedure lo obtain a patent in this country is 
very slow and uncertain. It frequently happens that applications are pending for one, 
and even two or more years, before a decision is rendered definitely granting or refusing 
lie patent. 

Unpatentable. — Inventions contrary to the laws of the State or the public 
safety, and the regulations of the police ; secret remedies ; articles which show only 
a slight modificEttion over those already known and practiced, or which merely relate 
to objects of adornment. 

NoTelty, Effect of Prior Patent or Publication. — The law provides that a 
patent shall become void when it is proven that it was obtained for an invention 
already described and published in the press, either within or without the Republic. 
A valid patent may be obtained at any time for an invention already patented in a 
foreign country, provided that the application is made before the invention is 
known and practiced in Ecuador or described and published in the press of any 
country. 

Taxes. — There are none after the issue of the patent. 

Assignments. — Must be recorded at the risk of forfeiting the patent. The docu- 
ments should be in duplicate, in the Spanish language, and must be legalized by a Con- 
sul of Ecuador. 

"We can obtain the legalization here, when desired, at a cost of $3.00, which includes Consular 
and Agency fees. 

Working. — The mvention must be worked within one year and one day from the 
grant of the patent. In the case of machinery or apparatus it is considered sufficient to 
import one or more of the articles into Ecuador, and operate same there. In the case of 
a process, it must be carried into practice there. Patents of Importation must be 
worked within the same limits of time, and by the actual establishment of the industry 
to which the invention relates, in Ecuador. 

DOCUMENTS REQUIRED. 

1. Specification, — Written or printed on any suitable paper. No signatures re- 
quired. 

2. Drawings in duplicate. — On drawing board or tracing cloth. No signatures 
required. 

3. Power of Attorney.— Signed by applicant and legalized by a Consul of 
Ecuador. 

EGYPT. 



Nominally, the Turkish patent covers Egypt, but the protection is doubtful. There 
>8 no special patent law in this country, and so far as we can learn there is no way in 
which inventions may be protected there at present. We are informed that the Egyptian 
government has a patent law under consideration, and that there is some prospect of its 
being passed in the near future. 



FALKLAND ISLANDS. FAROE ISLANDS. FIJI ISLANDS. 29 

FALKLAND ISLANDS. 



There is as yet no patent law in this country. The government will probably grant 
protection for inventions by way of special Legislative Act, provided the invention is 
likely to prove of practical ntilit'y in the country. 

DOCUMENTS REQUIRED. 

The same as for the Bahama Islands. The power of attorney should be legalized by 
a British ConsuL 



FAROE ISLANDS. 



LAW AND PRACTICE. 

There is as yet no special law, but patents are granted upon application by the King 
of Denmark (the Faroe Islands being a Danish possession), upon the same general terms 
and conditions as the Danish patent. (See Denmark for further particulars.) 

DOCUMENTS REQUIRED. 

The same as for Denmark (which see). 



FIJI ISLANDS. 

LAW AND PRACTICE. 

Who may be Patentee. — The first and true inventor, his heirs, executors, adminis- 
trators or assigns. 

Patents. Kind and Term. — Patent of Invention, granted for fourteen years. 
Provisional Patent, granted for the term of six months. Where Provisional Patents are 
obtained the complete specification must be filed, if at all, before the expiration of the 
term of the provisional protection. In case of prior foreign patents, the patent will 
become void immediately upon the revocation, cancellation, or other determination of the 
first of such Letters Patent. 

Unpatentable. — The law provides that no person shall be entitled to a patent, (a) 
If the invention is of no utility, (b) If the invention at the time of presenting the 
petition is not a new invention, (c) If the petitioner is not the true and first inventor 
thereof, (d) If the petition or specification contain a wilfully false statement. 

Novelty, Effect of Prior Patent or Publication.— Publication of the invention, 
or the fact that prior patents have been obtained therefor in other countries will not 
prevent the obtaining of a perfectly valid patent, provided the application is filed be- 
fore any publication, or any public use or knowledge of the invention within the Fiji 
Islands. 

Assig-nments. — Should be prepared in duplicate and in the English language. They 
may be in any usual form, and had better be acknowledged before a Notary Public. 

Working". — There are no requirements. 



•■30 FIJI ISLAIs^DS. FINLAND. 

DOCUMENTS REQUIRED. 

1. Petition, — Signed by applicant, 

2. Declaration. — Signed by applicant. 

3. Specification in duplicate. — Should be written on legal cap, on one side only. 
5so signatures necessary. 

4. Drawings in duplicate. — May be on drawing board or tracing cloth, any 
ijonvenient size. No signatures required. 

5. Power of Attorney.— Signed by applicant. 



FINLAND. 



LAW AND PRACTICE. 
>f ho may be Patentee.— The inventor only is entitled to the patent. 

Patents, Kind and Term. — Patents of Invention, granted for new inventions and 
lor improvements upon the same. The duration of the patent is fixed by the Govern- 
ment, and may be any term of years, from three to twelve. Where there is a prior 
foreign patent the Finnish patent will expire with it. 

Unpatentable. — Patents are not granted for the preparation of medicines, nor for 
any invention which is of such a nature that the employment of the same would be con- 
trary to the existing laws, to the public safety, or to good morals. The use of a new 
principle is not patentable, but the manner, method or means for the employment of 
such an invention may be made the subject of a patent. 

NoTelty, Effect of Prior Patent or Publication.— Sec, 3 of the law reads as 
"follows : "If any person has obtained a patent in a foreign country, and has thereby 
been compelled to publish a description of the manner in which the invention is to be 
applied, a patent may, nevertheless, be granted to him for a given time in Finland also, 
but not for a longer period than that witljin which the patent granted in the foreign 
country will expire. If no prior patent exists the application should be filed before any 
publication of the invention and before any introduction of the articles for which the 
.r>atent is to be obtained into Finland. 

Taxes. — There are none after the issue of the patent. 

Assignments. — Assignments should be in duplicate, and must be accompanied by 
a Power of Attorney, in blank, authorizing the execution of all legal formalities, in 
order to legalize the deed in Finland, All the documents must be legalized by a Russian 
Consul. It is best to have the papers prepared in Finland. 

Working. — The invention must be worked within two years of the issue date of the 
-patent, and the working must not be stopped for as long as a whole year at a time there- 
after. The Senate may limit the time within which the invention must be worked to one 
year, and may, on petition, extend it up to four years at the most. In the case of ma- 
chinery or apparatus, it is considered sufficient to import one of the machines or appa- 
ratus and have the same operated there. In case of a process, it must be carried into 
practice. Proof of the working must be delivered to the Government. 

DOCUMENTS REQUIRED. 

1. Speciflcation.^Written or printed on any suitable paper, any suitable form, 
^o signatures necessary. 



FINLAND. FRANCE. 31 

2. Drawings in duplicate. — On drawing board or tracing cloth, any couveni.mt 
43ize. No signatures necessary. 

3. Power of Attorney, — Signed by applicant before a Notary Public, all names 
in full, and legalized by a Russian Consul. 

4. When a prior fort ign patent exists, a certified copy of the patent must l» 
furnished. This must be legalized in the same manner as the Power of Attorney. 



FRANCE. 



The patent covers Franco and all her colonies, which may now be enumerated as follows : 
-Alsreria, Cambodia, Cochin-China, French Guiana, Guadaloupe, La Keunion, Loyalty Islands, 
Marquesas Islands, Martinique, Miquelon, New Caledonia, St. Pierre, Senegambia, and Tahiti. 

*• 

LAW AND PRACTICE. 

Who may be Patentee. — Anyone, whether the inventor or not, a firm, or corpora- 
tion. In principle, the inventor only can obtain a patent. It has been decided howevjr, 
that there is nothing to prevent an inventor disposing of his invention to a third party, 
and with it the right to apply for the patent in his own name. The law only exacts one 
thing ; that the invention shall not have been practiced or known before the patent is 
obtained. Where the applicant is not the inventor, it would be well to obtain and keep 
the written consent of the latter, so that should any question be raised at a future time, 
the patentee could produce proof that he obtained the French patent in his own name 
with the consent of the inventor. 

Patents, Kind and Term.— Patents of Invention are granted for five, ten or fifteen 
years, as elected by the applicant subject to the payment of the prescribed taxes and the 
proper working of the invention. Patents of Importation (for inventions already 
patented abroad) are granted for a term not exceeding the life of the foreign patent upon 
which it is based, and expire with the first expiring foreign patent for the same inven- 
tion. Patents of Addition are granted for the life of the original patent and expire 
therewith. 

Unpatentable. — Medical compositions and medicines of every kind, and plans snd 
combinations of credit or finance. 

Novelty, Effect of Prior Patent or Publication.— The fact that a prior foreign 
patent exists will not prevent, in itself, the obtaining of a perfectly valid French patent 
but in all cases, to obtain a valid patent the application must be filed before any publJ- 
cation of the invention in any country, and before the discovery or invention has received 
sufficient publicity in any way to enable it to be worked or put into practice. 

Taxes. — The patent is granted subject to the payment of an annual tax of 100 francs. 
This must be paid yearly in advance, counting from the date of the filing of the applica- 
tion. No extension of time for the payment of taxes can be obtained. 

Assignments. — Under the provisions of the French law, no assignment can be re- 
corded until all the taxes are paid for the full term of the patent. This makes the 
expense of preparing and recording an assignment of a new patent, including payment 
of taxes, about $300.00. To avoid this expense it is usual to simply prepare a power of 
attorney authorizing a Notary to effect the assignment. This is signed by the parties, 
legalized by a French Consul (leaving a blank for the name of the Notary), and is 
then retained by the purchaser until he is ready to have the assignment made and 
recorded. 



53 FRAisCE. 

Working. — The invention must be worked in France -within two years from the 
date of tbe issue of the patent, and the working must not entirely cease for any two con- 
secutive years thereafter. The law does not indicate what shall constitute a sufficient 
working, hut requires that an invention must be really worked in a practical manner; a 
single act of working is not usually sufficient. If a patent contain several modes of pro- 
cedure, it suffices, to comply with the law, that the inventor should have worked one of 
them. If the object manufactured differs only slighly from the object for which the in- 
ventor takes out the patent, there is no ground for forfeiture. (Court of Cessation, May 
23, 1859.) An inventor is allowed to explain the causes of his inaction. The court 
has wide powerof discretion in determining what shall constitute a sufficient working, and 
every case is decided on its merits. In exceptional cases, it has been decided that the 
absence of pecuniary resources or sickness can be held to justify the default of working. 
(Court of Paris, January 11, 1859.) The inventor who has caused his machines to be 
admitted to public exhibition in France, and who has sold one of them to a third party, 
has sufficiently worked it thereby to avoid forfeiture. (Court of Paris, May 11, 1836.) 
It should be noted that this decision was rendered prior to the law of 1844. 

That an insufficiency of capital, the natural result of the commercial crisis of 
1848 and 1849 was sufficient to relieve the patentee from the forfeiture of his patent 
by reason of his inaction. (Court of Paris, March 30, 1855.) That the insufficiency of 
the pecuniary ressurces of a ptaentee is a legitimate cause of his inaction especially 
when this insufficiency of his resources has been augmented by political events'* such 
as those of 1849 ; further when the invention is of such a nature that it cannot be used 
by the public, but only by a restricted number of industries (by railroad companies 
for example), it is evident that the refusal of these industries to use this invention 
during two years cannot result in the forfeiture of the patent to their benefit and justify 
an infringement. (Rej., Xov. 23, 1859.) That the failure to work does not cause the 
forfeiture of the patent when the patentee justifies sufficiently the cause of his inaction, 
by the insufficiency of his personal resources, by the nature of the invention (a tele- 
graph apparatus) of which the uses are restricted by reason of the monopoly of the 
State. (Amiens, May 29, 1884.) That an inventor of a new product escapes forfeiture 
resulting from the failure to work when it is proven that he has manufactured and sold 
the said product, whatever may have been the process he employed. (Trib. Civ. Lyons, 
July 15, 1865.) That when a patentee has publicly made experiments of his apparatus 
through parties who may have an interest in adopting them, and has put them to the 
disposal of all, he must be considered as having satisfied all the requirements of the law 
and is safe from any action for forfeiture. (Court of Paris, August 10, 1876.) 

It has been decided that a single act of manufacture cannot be considered as an in- 
dustrial working of the patent and cannot relieve the patentee from the forfeiture in- 
curred by him if he does not justify himself by other legitimate causes for inaction 
(Court o f Paris, March 23, 1870.) That the working prescribed by Act 32 cannot be ac- 
complished by declarations (proces-verbaux) made_ every two years through an attorney 
at the request of the inventor, when such working is shown to be inadequate by the de^ 
fective state of the machines and their almost impracticable setting up. (Donai, July 20, 
1859.) 

These provisions apply equally to Patents of Addition, but it is clear that if the 
Patent of Addition be declared void, the original patent may continue to exist. A pat- 
entee can avoid forfeiture by either working the patent himself, or by allowing it to be 
worked by a third party. 

It should be noted that the forwarding of the parts of a machine to France, 
and the assembling of the parts there, even if one or more parts are actually made 
in France, does not constitute a legal working. It will, however, serve as a com- 
mencement, and give time for the beginning of a complete actual working, (the hona-JUie 
manufacturer of the patented article in France, in quantities sufficient to supply the 
legitimate demands of trade,) which must follow within a reasonable time thereafter, 

^i^^aial.— IMPORTATION OF PATENTED ABTICLES.— As Frsince is a.mem- 
berof the International Union, citizens and subjects of States belonging lo the Union can 
now import patented articles into France without risk of forfeiture. None others, how- 
ever, are allowed to import into France under the penaltj^ of the forfeiture of the patent, 
except that a permit may sometimes be obtained, for the importation of a single model or 
sample. 



FRANCE. GAMBIA (BRITISH). GERMAN EMPIRE. 83 

DOCUMENTS REQUIRED^ 

The documents required for Patents of Acldition are precisely the same. 

1. Specification. — Written or printed on any paper, and in any suitable form. 
Kg signatures necessary. 

2. Drawlngrs in duplicate. — On tracing cloth of any convenient size. No signa- 
tures necessary. 

3. Power of Attorney.— Signed by applicant, all names in full, No witnesses 
■Qor legalization necessary. 



GAMBIA (BRITISH). 



There is as yet no patent law in this colony. The government will, however, un- 
doubtedly grant protection for inventions by way of special Legislative Act, provided the 
invention is likely to prove of practical utility in the country, 

DOCUMENTS REQUIRED- 

The same as for the Bahama Islands (which see). 



GERMAN EMPIRE 



Baden, Bavaria, Prussia, Saxony and Wurtemburg- no longer have separate patent laws, but 
are covered by the German Patent, 

LAW AND PRACTICE. 

Who may be Patentee. — The first applicant is entitled to the grant, so that any 
person, whether the inventor or not, a firm or corporation, may obtain a patent. In case 
the applicant is not the inventor, however, it is very desirable that he should obtain and 
keep the written consent of the latter, as, according to the provisions of the German law, 
" The claim of the petitioner to the grant of a patent is void if the essential part of his 
application has, without permission, been taken from the description, drawings, models, 
implements, methods or arrangements of another person, should such person object 
thereto." 

Patents, Kind and Term. — Patents of Invention granted for fifteen years, subject 
to the payment of the prescribed taxes and proper working of the invention. Patents of 
Addition, for improvements upon former inventions, granted for the life of the original 
patent and expiring therewith. All patents are dated as of the day following the filing 
of the application. The lapse of a prior foreign patent does not affect the term. 

Unpatentable.— Inventions the use of which would be incompatible with the laws 
or the public morals; inventions relating to articles of food (for noarishment or luxuries), 
drink, or medicines, and substances produced by chemical process, so far as the inven- 
tion does not relate to the method of producing such articles. 

Novelty^ Effect of Prior Patent or Publication. —To obtain a valid patent, abso- 
lute novelty is essential. An invention is not considered as new, if at the date of filing 
the application, the same has been so described in public prints within the last century, 
or so publicly used in Germany that the use of the same by other persons skilled in tho 
art appears possible. The official publications of foreign patent offices are only consid- 
ered equal to public prints after the lapse of three months from the date of publication, 
in case a patent is applied for by a foreign patentee or his legal successors. This last 
provision, however, only applies to the otflcial publications of those States, in which, 
according to a publication of the Imperial Chancellor in the Imperial Gazette, reciprocity 



34 GERMAN EMPIRE. 

is guaranteed. Such publication has not yet been made with regard to the United 
States, and United States inventors cannot avail themselves of the benefits of this pro- 
vision. 

Taxes. — A fee of 30 marks is payable before thtj grant of ea'.h patent. An annual 
tax must be paid at the commencement of the second and each succeeding year, as 
follows: 50 marks for the second year; 100 marks for the third year, and so on, 
increasing 50 marks each succeeding year. Six weeks' grace is allowed for the payment 
of a tax, without fine, and an additional six weeks upon the payment of a fine of 10 
marks. 

Assignments.— To record an assignment the following documents are necessary: 

1. An assignment ia the German language signed by the asdgnor before a Notary 
Public and legalized by a German Consul. The consideration need not be expressed. 

2. A power of attorney signed by the assignee before a Notary Public and legalized by 
a German Consul, authorizing the attorney to apply for and obtain the registration of tbe 
assignment and pay the taxes in connection therewith. 

Working'. — The invention must be worked within three years from the gj'ant of the 
patent. The law reads as follows : 

§ 11. A patent can be declared void after the expiration of three years, counting- from the 
day after the publication of the grant of th'^ patent 

] . If the patentee fails to work his inrentiou in Germany to an adequate extent, or at least, 
to do everything that is necessary to insure its being worked. 

According to a decision of the patent office authorities: 

The fact of a patent not having been worked within the first three years, has not the effect, by 
itself, of rendering the same void; on the contrary, the question ai-ises whether, by this circum- 
stance, the Commonwealth has suffered, or at least, whether there is reason to fear that it will 
suffer, or whether, more particularly, the development of the domestic industry to which the in- 
vention relates may be expected to be prevented, or has been prevented, so as to afford a reason 
lor terminating the existence of a patent. 

Among the most important decisions relative to the working of inventions are the 
following: It is only necessary to manufacture the essential parts of the invention; un- 
important deviations from the specification are of no consequence (decisions of the Patent 
Office of October 12, 1882, Reichsgericht of November 12, 1883). In a case where the in- 
vention related to compound armor plates, where the inventor offered a license to the 
only firm in Germany that made such plates, it was held that in consequence of the small 
sale of armor-plates 'the patentee could not be expected to start works of his own in 
Germany, and the action for annulment was rejected. (Decision of the Patent Office, 
October 19, 1882.) The term of three years as provided by § 11, runs, not from the day 
after the application of patent, but from the day of the final grant of the patent. 
(Decision of the Patent Office July 23, 1885.) In the case of the Eagle Automatic Pencil 
Case, three patents Nos. 6523, 7168 and 12529 were withdrawn on tlie following grounds : 
The plaintiff stated that large quantities of the pencil cases had been imported into Ger- 
many, although the same could have well been manufactured there, and that such 
importation did damage to the home manufacturers. The defendant claimed that the 
sale of the patented articles was a sufficient working under the law, and that a great 
part of the raw materials for the production of the articles was obtained from Germany. 
It was held that the object of § 11 of the law is to compel the patentee to manufacture 
the patented article in Germany as a compensation for the protection granted, and that 
the industrial and commercial advantages resulting from the manufacture might benefit 
the country. The fact that the raw materials were obtained in Germany could not be 
taken into consideration. (Decisions of Patent Office of February 7, 1884; Reichsgericht 
of November 30. 1885.) It has also been held that the manufacture must be com- 
mensurate with the demand, or at least, every possible means must be taken to assure 
the same. It will be seen, therefore, that the working should be actual and thorough. 
In cases where the patentee is not prepared to commence the manufacture in Germany 
himself, an arrangement should be consmnmated with some manufacturer in that country 
to be prepared to make the articles, and the fact should then be advertised; also, that 
such patented articles may be obtained on application to the manufacturer. 

Special. — LICENSES. — A patent may be declared void after three years from its 
date, wJien a patentee refuses to grant licenses to others to use the invention, when the 
same appears to be demanded in the public interest, and adequate compensation and 
good secimty have been offered. 

MODELS. Applications relating to the following subjects must be accompanied 
by a model : Fire-Arms. — A working model or real piece, must be furnished. Spools, 
Spindles and Shuttles must be accompanied by two models, one of these being in section. 
Skates. — One model is required. All applications relating to the manufacture of chem- 



GERMAN EMPIRE. GIBRALTAR. GOLD COAST COLONY. 35 

icals (explosives excepted) sliotild be accompanied by duplicate samples. Chemicala. — 
Should be accompanied by duplicate samples of the materials, which must be sent in 
glass bottles of about l}i inches in diameter, and 314 inches in height, provided with 
glass stoppers, the seal of the applicant, and an exact description of the contents. Dyes. 
Duplicate specimens showing the colors, on samples of wool, silk or cotton, must be 
supplied. These must be mounted upon paste-board measuring 13 inches in height, by 
8j^ inches in width. These different shades of each color must be prepared ; of colors 
with which it is possible to color in quantities, a sample must be colored with one per 
cent, while the other two shades may be weaker or stronger. A description must also 
* be furnished stating the exact concentration of the dye, the mordants (if any), the tem- 
perature, etc., also whether the dye used was discolored or retained more or less color. 

Design Patents {Gebraudismuster). — This form of protection is frequently suggested 
by the Patent Office in the rejection of applications for mechanical patents. In such 
cases, the application for design patent is dated as of the da:e upon which the applica- 
tion for mechanical patent was filed. Design patents are granted for a term of three 
years, the government fee being 15 marks; they may be extended for a further term of 
three years upon payment of a government fee of 60 marks. 

(•eneral Practice.— The practice in the German Patent Office is exceptionally 
rigid and exacting, and the fact that novelty has been conceded in the United States 
Office by the issuance of a patent affords no guarantee that a German patent will be 
granted. The German Office makes an independent examination, and in many cases 
persistently refuses a patent upon references which in the United States have been suc- 
-cessfully overcome. 

DOCUMENTS REQUIRED. 

The documents required for Patents of Addition are precisely the same. 

1. Specification. — Written or printed on any suitable paper and in any suitable 
lorm. No signatures necessary. 

2. Drawing's in duplicate. — One copy mtist be on good drawing paper or bristol 
board, and one on tracing cloth. The sheets must measure exactly 33 centimetres 
(13 inches) in height, by 21, 42 or 63 centimetres (8J, 16^ or 24f inches) in width. A 
single margin line must be drawn all around 2 centimetres (if inch) from the edge of 
the sheet, and at the top a clear space of 3 centimetres (ly^g inches) must be left between 
the figures of the drawing and the margin line. 

3. Power of Attorney. — Signed by the applicant or applicants, all names in 
:full. No witnesses nor legalizations are required. 



GIBRALTAR. 



There is, as yet, no patent law in this country. The government will, however, 
grant protection for inventions by way of special Act, provided the invention is likely 
to prove of practical utility in the country. 

DOCUMENTS REQUIRED. 

The same as for the Bahama Islands. The power of Attorney should be legalized 
by a British Consul. 



GOLD COAST COLONY. 



There is, as yet, no patent law in this British Colony. The government will, how- 
■ever, undoubtedly grant protection for inventions by way of special Legislative Act, 
provided the invention is likely to prove of practical utility in the country. 

DOCUMENTS REQUIRED. 

The same as for the Bahaaia Islands. The power of Attorney should be legalized 
lij a British Consul. 



36 GREAT BRITAIX. 

GREAT BRITAIN. 



The Patent covers England, Scotland, Ireland, Wales, and the Isle oi' Man. 

LAW AND PRACTICE. 

Who may be Patentee. — The actual inventor, or the first introducer or importer of' 
the invention into Great Britain. Joint inventors may obtain a joint patent. Other 
persons, a firm or corporation, may join wiih the inventor and secure a joint patent ; 
the legal representatives of an actual inventor may make application for a patent within 
six months of the inventor's death. Patents may be taken out in the name of a resident 
affent as a communication from abroad, and it is not necessary that the person Tvho, re- 
siding abroad, communicates an invention to a person residing in England, should be the 
inventor ; any other person, a firm or corporation, may make the communication and 
obtain a valid patent. A British patent .applied f r^r under the provisions of the Inter- 
national Convention vrill only be granted to the identical person who made the prior 
foreign application upon which it is based. 

Patents, Kind and Term.— Patents of Invention, granted for fourteen years,, 
counting from the date of the filing of the application (or in the case of applications filed 
under the provisions of the International Convention, from the date upon which the- 
original foreign application was filed), subject to the payment of the prescribed taxes. 
The expiration or failure of a prior foreign patent does not aft'ect the British patent, 
Extensipns may sometimes be obtained, but are very expensive, the applications fre- 
quently requiring an expenditure of from $1,500 to $2,000 without any certainty of suc- 
cess. 

Unpatentable. — It has been held that bare principles are unpatentable, and the 
Comptroller is authorized to refuse i o grant a patent for an invention the use of which, 
would in his opinion be contrary to law or morality. 

Novelty, Eifect of Prior Patent or Publication.— To obtain a vahd patent the- 
application therefor must be made before the invention has been published, or is other- 
wise publicly known by means of books, or in any other way, in Great Britain. Prior 
publication or public use of the invention in a foreign country does not affect the valid- 
ity of a British Patent. 

The amount of information given by the prior publication in Great Britian must, in. 
order to invalidate a patent, be equal to that required to be given by a specification, i.e.^ 
the invention must be sufficiently disclosed, so that any one skilled m the art to which, 
it appertains, or to which it most nearly relates, may make, construct, compound or 
use the same. 

By the International Convention and sect-ion 103 of the Patent Act of 1883 a foreign 
patentee has an absolute right of priority for his invention for a period of seven months- 
from the date of the filing of his foreign appHcation (not the dnte of the issue or allow- 
ance of the patent), and may obtain a perfectly valid patent notwithstanding any inter- 
mediate publication or public use of the invention in Great Britain, by filing his appli- 
cation within this period of time, 

i^ 
Taxes. — Annual taxes are required to be paid, commencing with the fourth year of 
the life of the patent. The amount of the taxes payable to the government are as- 
follows : Before the expiration of the fourth year, and in respect of the fifth year, £5; 
before the expiration of the fifth year, and for the sixth year, £6, and so on, increasing 
£1 each year. If, for any reason, the patentee fails to make any payment withui the 
required^ime, the time may usually be extended for not to exceed three months upon 
payment of the following fees : Extension for one month, £1 ; two months, £3 ; three 
months, £5. 

Assignments. — In order to record an assignment, the following documents should, 
be supplied : 1. Assignment in duplicate signed by the inventor and two witnesses. 
2. A request to enter the name of the new proprietor upon the Register of Patents. 
(Form L), signed by the assignee. 

Working. — There are no requirements. 



GREAT BRITAIN. 37 

DOCUMENTS REQUIRED 

(For applications under the provisions of the International Convention see " Docu- 
xaents Required [Convention].") 

1. Application with Declaration. — Signed by applicant or applicants; all names 
in full. No witnesses nor legalization necessary. 

2. Specifications in duplicate. — They may be either written, type-written, or 
printed upon one side only of good white, stiff paper, the sheets of which are exactly 
«ight inches wide by thirteen inches high. A margin of two inches must be left 
upon the left hand side. Thin paper should not be used. Both copies should always 
be originals, i.e., not carbon copies, if type-written copies are furnished. It is not 
necessary that the inventor should sign either copy of the specification, as our English 
agents can sign the same as attorneys, but if the inventor signs the specification at all, lie 
should sign both copies. 

3. Drawinars in duplicate.— Both of these are to be upon sheets of good, white 
l)ristol board. The sheets must measure exactly eight inches wide by thirteen inches 
high, or sixteen inches wide by thirteen inches high. The smaller size should always 
be used if practicable. A single margin line should be drawn, all around, exactly ^ 
inch from the edge of. the sheet. The reference letters must be % inch or more in size to 
admit of photo-lithographing. All reference letters and numbers should be made in 
ink upon one of the sheets, and upon the other in blue pencil. The latter requirement 
has not yet been rigidly insisted upon, but this method of lettering is desired. Good 
lithographs are accepted. No signatures are necessary. 

4.. Authorization.— Signed by applicant or applicants ; all names in full. No 
witnesses nor legalization necessary. 

Note.— Drawings are not required with provisional specification, but may be forwarded with 
the complete specification, when completing the application. When the patent is taken as a com- 
iQunication, the specifications and drawings in duplicate are the only documents required. 



DOCUMENTS REQUIRED. (CONVENTION.) 

These documents are onl,i/ to be used for applications to be filed under the pro- 
visions of the International Convention. For all ordinary applications the preceding 
documents should be used. 

1. Application. — Signed by the applicant or applicants; all names in full. No 
witnesses ur legalization necessary. The application must be made by the identical per- 
.son or persons who male the foreign application upon which the British application is 
based. 

2. Declaration. — Signed by the applicant or applicants before a British Minister 
or person exercising the functions of a British Minister or a British Consul, Vice Consul, 
or other person exercising the functions of a British Consul, or a Notary Public, or 
before a Judge or Magistrate. ' • 

3. A certified copy of the specifications and drawings (or documents corresponding 
thereto,) filed by the applicant in the Patent Otfice of the Foreign State or British Pos- 
session in respect of the first foreign application, duly certified by the official chief or 
head of the Patent Office of such Foreign State or British Possession. It is sufficient to 
.«end a certified copy of the printed patent if the certificate distinctly states the date the 
application was filed. k 

4. Specifications in duplicate. ) The forms and requirements for these document. 

5. Drawings in duplicate. > are precisely the same as for ordinary applications 
C. Authorization. ) The specifications and drawings must agree in 

4ill essential particulars with those of the foreign application upon which the British Ap- 
plication is based, as shown by the certified copy furnished. 



GREECE. GRENADA (,WEST INDIES.. GUATEMALA. 

GREECE. 



There is as yet no patent law in this country. The government will, however, grant 
protection for inventions by way of special Legislative Act, provided the invention is- 
iikely to prove of practical utility in the countrv 

DOCUMENTS REQUIRED. 

The same as for France. The power of attorney should be legalized by a Consul of 
Greece. 



GRENADA (WEST INDIES). 



inere is as yet no patent law in this country. The government will, however, grant 
protection for inventions by way of special Legislative Act, provided the invention is, 
likely to prove of practical utility in the country. 

DOCUMENTS REQUIRED. 

The same as for the Bahama Islands. Tlie Power of Attorney should be legalized by 
a British Consul. 



GUATEMALA. 



LAW AND PRACTICE. 

Who may be patentee. — The true inventor or his duly authorized attorney. Under 
the present law, to be entitled to a patent, the applicant must be a citizen of Guatemala^ 
or a foreigner domiciliated in Guatemala. Although Guatemala is a member of the In- 
ternational Convention it has not as yet so modilied'its laws as to permit citizens or sub- 
jects of the contracting States of the Union to obtain patents, and very recently the gov- 
ernment has refused to grant patents upon applications filed by citizens of the United 
States and subjects of other countries belonging to the Union. Pressure is being 
brought to bear upon the Guatemalan government, and it is believed that this practice 
will soon be changed, and the law so modified that, at least, anyone possessing the right 
under the provisions of the International Convention may obtain a patent. 

Patents, Kind aud Term. — Patents of Invention granted for from five to fifteen 
years. Patents for inventions previously patented abroad are granted for. the term of 
the foreign patent upon which they are based, unless the same should exceed fifteen^ 
years, in which case the patent is granted for the maximum term. 

Unpatentable. — Inventions, the employment of which would infringe prior rights, 
and those contrary to public health and safety, and to good customs. 

NoTeltjr, Effect of Prior Patent or Publication.— To obtain a valid patent, 
the application should be filed before the invention is publicly known and used in 
Guatemala. Inventions patented abroad can be patented in Guatemala at anytime 
so long as the invention is new there. 

Taxes.— For each patent granted, a tax varying from five to fifty pesos is payable 
annually in advance, counting from the date of the issue of the patent, for each year of 
the term of the patent. The amount of thetaxisfixediy the government when the patent 
is issued. The maximum tax is seldom imposed. Xo prolongation of time for making: 
payment can be obtained. 



GUATEMALA. HAWAII (SANDWICH ISLANDS). 39 

/i-isi^nments. — Should be prepared ia the Spanish language, and be in duplicate. 
They should be legalized by a Guatemalan Consul. 

Working. — The invention must be worked in Guatemala within one year from the 
date of the patent, and the working must not be interrupted for more than a year at any 
one time. In case of machinery or apparatus, it is considered sufficient to import one 
or more of the machines or apparatus into Guatemala and put them into operation there. 
In case of a process, it must be carried into practice in the country. 

DOCUMENTS REQUIRED. 

1. Specification. — Written or printed on any paper, and in any suitable form. 
No signatures necessary. 

2. Drawings in duplicate. — On tracing cloth, any convenient size. No signa- 
tures necessary, 

3. Power of Attorney.— Signed by applicant or applicants before a Notary Public, 
all names in full, and legalized by a Guatemalan Consul. 

4. If the inyention is pa'eiited abroad. — A certified copy of the patent should 
he furnished, which must be legalized by a Guatemalan Consul. 



HAWAII (SANDWICH ISLANDS). 



LAW AND PRACTICE. 

Who may he Patentee. — The true Inventor. 

Patents, Kind and Term. — Patents of Invention granted for ten years from the 
date of the issue of the patent, but where there are prior foreign patents, it will expire 
with the first expiring foreign patent. Caveats may be filed by intending applicants, 
and are operative for one year. 

Unpatentable. — The law is silent upon this point. 

Novelty, Effect of Prior Patent or Publication.~To obtain a valid patent 
the application should be made before any public use of the invention in Hawaii or 
publication in any country. Patents may be obtained at any time, however, for in- 
ventions previously patented abroad, unless the thing patented" has been introduced into 
public use in Hawaii for more than one year prior to the application. 

Taxes. — There are none after the issue of the patent. 

Assignments.— Should be in duplicate, and must be recorded within three months 
from the date of the execution. The documents may be In any usual form, and should 
be acknowledged before a Notary Public. 

Working. — There are no requirements. 

Caveats.— May be filed by intending applicants and are operative for one year. \ 

DOCUMENTS REQUIRED. 

The documents requii-ed for a Caveat are the same as for a Patent, with the exception cf the 
Petition, which requires a special form. 



40 . HAWAII (SANDWICH ISLANDS). HAYTI. HONDURAS. 

1. Petitiou. — Signed by inventor. 

\ 2, Power of Attorney. — Signed bv inventor. 
I 

3. Specification. — Signed by the inventor and two witnesses. 

4. DraTvings in duplicate. — One must be made on white drawing board, which 
must measure exactly fifteen inches high and ten inches wide; a single margin line must 
be drawn all around exactly one inch from the edge; a clear space of one and a quarter 
inches must be left at the top within the margin line. The other copy must be on trac- 
ing cloth of the same size. The drawings need not be signed. 

5. Oath. — This may be executed before any Minister, Charge d' Affaires, Consul or 
Commercial Agent holding commission under the Hawaiian Government, or before any 
Notary Public,lhe oath being attested in all cases by the proper official seal of the office" 
before whom the oath is made. 



HAYTI 



No special law exists for the protection of inventions, and while special grants can 
be obtained by Legislative Act, giving an exclusive right to the employment and use of 
a particular kind of machinery for a special purpose, yet in our opinion such grants 
would be of little benefit, owing to the chronic revolutionary state of the country 
and the lax administration of the laws. Further, under the laws in force in the country 
at the present time, white persons are not allowed to own real estate, and may not en- 
gage in any wholesale business in their own names, it being necessary to transact any 
such business, ostensibly at least, in the name of some native of Hayti. 

We have the machinery for securing special grants, however, and will undertake to do 
so when desired at a charge of $400 each. We cannot, of course, guarantee that any 



DOCUMENTS REQUIRED. 

1. Power of Attorney. — Signed by the applicant, before a Notary Public, and 
legalized by a Haytian Consul. 

2. Specification in duplicate. — In any form and unsigned. 

3. Drawings in duplicate. — On any suitable material, of any size, and unsigned. 



HONDURAS (REPUBLIC OF). 

There is as yet no patent law in this country. The government will, however, 
grant protection for inventions by way of special Legislative Act, provided the inven- 
tion is likely to prove of practical utility in the country. 



DOCUMENTS REQUIRED. 

The same as for Chili. The Power of Attorney should be legalized by a Consul of 
Honduras. 



HONG KONG. HUNGARY. 41 

HONG KONG. 

LAW AND PRACTICE. 

Who may be Patentee.— The patentee or the owner, by assignment or otherwise, 
■of any invention for which Letters Patent have already been granted in England. 

Patents, Kind and Term.— But one kind of patent is issued, it is granted for the 
life of the existing English Patent, expiring with it. Extensions may be secured in the 
event that the English Patent is extended, and for the same term of years. 

Unpatentable. — The law is silent on this point. 

Novelty, Effect of Prior Patent or Publication.— The invention must not have 
been publicly used within the Colony before the date of application, but otherwise the 
patent may be obtained without regard to prior foreign patents. 

Taxes. — There are none after the issue of the patent. 

Assignments. — The documents should be prepared in duplicate. Any suitable 
form may be used. 

Working. — There are no requirements. 

DOCUMENTS REQUIRED. 

1. Petition.— Signed by applicant. 

2. Declaration. Signed by applicant before a Notary Public, or other person 
duly authorized to administer an oath. 

3. Specification in duplicate.— Signed by applicant. The description of the 
invention should be identical, as far as practicable, with the complete specification filed 
in England. 

4. Prawings in duplicate. — On drawing board or tracing cloth, any suitable size. 
No signatures required. 

5. Power of Attorney. — Signed by applicant 

G. A Blue Book of the British Patent on which the application is founded. 

7. If the Applicant is tlie Assig-nee, a certified copy of the assignment should 
be furnished. 



HUNGARY. 



The law and practice is precisely the same as for Austria (which see). Hungarian 
patents issued upon applications filed subsequent to January 1, 1894, ari entirely sepa- 
rate and distinct from Austrian patents for the same invention, and require a separate 
application and separate maintenance, such as the payment of taxes, working, etc. The 
annual taxes are the same as for Austria. 

DOCUMENTS REQUIRED. 

1. One copy of Specification. — Written or printed on any paper; no signatures 
required. 

2. Drawings in Duplicate. — May be on tracing cloth, any size and margin. No 
signatures required. 

3. Power of Attorney. — In the Hungarian language, sigaed by applicant before a 
Notary Public, and legalized by an Austrian Consul. 



42 . ICELAND. INDIA. 

ICELAND. 



LAW AND PRACTICE. 

There is as yet no special law in this country providing for the issue of patents, 
but patents are granted upon application by the King of Denmark, Iceland being a. 
Danish possession, upon the same general terms and conditions as the Danish patent, 
(See Denmark for further particulars.) 

DOCUMENTS REQUIRED. 

The same as for Denmark, whicli see. 



NDIA. 



The Patent covers the whole of British India, including the newly annexed possessions im 
Burmah, Aden, and the Andamans, Nicobar, and Laccadives Islands. 

LAW AND PRACTICE. 

Who may be Patentee. — The applicant must be the actual inventor, his assignee,, 
executor or administrator. A mere importer cannot obtain a valid patent. 

Patents, Kind and Duration. — Patents of Invention : they are granted for four- 
teen years from the date upon which the specification is filed, subject to the payment of 
the prescribed taxes. An exclusive privilege in respect of an invention for which a 
patent has been obtained in Great Britain will cease on the revocation or expiratioa of 
that patent. If a patent has not been obtained in Great Britain, the Indian exclusive 
privilege will cease on the revocation or expiration of any other prior foreign patent or 
exclusive privilege. Ihis latter restriction will seemingly oblige many inventors having 
patents in countries where the grant is only for a short jieriod, or the taxes heavy, to- 
take out and maintain a British Patent, in order to insure the obtaining of the full term, 
of the Indian privilege. Extensions of the duration of privileges are provided for by" 
Sec. 15 of the law. The government fee for such extension is 100 rupees, equal to about 
$50.00. 

Unpatentable. — Patents will not be granted : if the invention is of no utility; if it is. 
not new ; if the applicant is not the inventor ; if the specification does not fulfil the re- 
quirements of the Act ; if the application contains a wilful or fraudulent .misstatement ; 
if the application is made after the expiration of a year after the acquisition of a foreign 
patent for the same invention. 

Novelty, Effect of Prior Patent or Publication.— To obtain a valid patent, the 
application must be filed in the office in Calcutta before the expiration of one year from 
the date of the acquisition of a Patent or other exclusive privilege in any place beyond 
the limits of British India and the United Kingdom of Great Britain, and before the 
invention has been publicly known or used either in India or Great Britain. In case a 
British Patent has been obtained, the Indian application may be filed at any time within 
one year from the date of the actual sealing of the British Patent, if the said invention 
was not publicly known or used in India at the time the application was made f(^r the 
British Patent, notwithstanding any subsequent use or publication before the expiration 
of the time— a year from date of sealing— allowed for making the application in India. 
If a public use or knowledge of an invention has been obtained in fraud of an inventor, 
provided he has not acquiesced in the use, and applies for leave to file a specification 
within six months of such use, the invention will be deemed new. An inventor himself, 
or his servant, agent or licensee, may use an invention in public, and the invention be 
deemed new if the application be lodged within a year from the commencement of such 
public use. 



INDIA. 4^ 

Taxes. — The law and practice is very similar to that ia Great Britain. No taxes are- 
payable after the issue of the patent until after the expiration of the fourth year of its- 
term, when annual taxes commence to fall due, as follows : before the expiration of the 
fifth, sixth, seventh and eighth years, each, 50 rupees; before the expiration of the 
ninth, tenth, eleventh, twelfth and thirteenth years, each. 100 rupees. All taxes are 
payable yearly in advance, counting from the date of the filing of the specification. 
Should the p-itentee from any cause fail to pay any tax within the required time, an ex- 
tension of time for paying same, but not to exceed three months at most, can be ob- 
tained by making due application therefor, and upon payment of a fine amounting to 10 
rupees if the extension does not exceed one month; 25 rupees if it does not exceed two^ 
in.)nths, and 50 I'upees if it exceed:} two months. 

Assignments. — The papers should be prepared in duplicate and must be accom- 
panied by a power of attorney from the assignee, authorizing the registration of such 
assignment, and the naming of a place in India where service of any rule, etc., may be 
made. Assignments and licenses need not be authenticated by a Notary Public or 
Magistrate, but had better bear the signatures and addresses of two witnesse§. The 
consideration expressed should be nominal. 

Working. — There are no requirements. 



DOCUMENTS REQUIRED. 

Note.— The power of the agent in India has been amplified under the new law, and he can now 
sign. all the papers on behalf of an applicant, provided he be duly authorized in his power of attor- 
ney to do so. It is, however, always better to get the applicant himself to sign all the papers, 
whenever it is possible to do so. 

Where the applicant is the assignee, an assignment must be furnished with the other papers. 

Where the applicant is a Company or Corporation, the petition and all other papers must be 
signed by the chief officer or Secretary, and sealed with its seal. 

Where an English Patent has been obtained as a communication, the application should never- 
theless, be made in the name of the inventor himself. In such cases it is absolutely necessary to 
furnish an assignment of the Indian rights from the English agent or other English applicant, tO' 
the applicant for the Indian privilege. 

It is most important that the Title of the invention should be described in exactly the same- 
terms in all the papers. Where an English Patent exists, the title in the paper for Indian appli 
cations must correspond precisely thercAvith. 



• 1. Petition with Application.— May be written on any paper. The simple signa. 
ture of the applicant is sufficient. No witnesses nor legalization necessary. 

2. Six copies of the Specification. — May be written on any paper. One copy 
at least should be signed by the applicant. No wellnesses nor legalization necessary. All 
alteration? or erasures must bo initialed by the applicant. 



3. Six opies of the Drawings. — These may be on any kind of paper, or on 
tracing cloth. If prepared on thin tracing paper, they should be mounted on thicker- 
paper or cloth. C jpies of drawings taken from the English blue books, or photographs,. 
are accepted. 

4. Power of Attorney. — May be written on any paper. Must be signed by the 
applicant, whose signature should be attested by two witnesses, who should state 
their addresses. 



44 



THE INTERNATIONAL UNION. 



THE INTERNATIONAL UNION 



THE p;rotection of industrial property. 



On Januiiy 1st, 1894, the following countries were members of the International 
Union : 



Belgium, 

Brazil, 

Prance (and her Colonies Martinique, 
Guadaloupe, St. Mary de Madagas- 
car, La Reunion, Cochin-China, 
St. Pierre and Miquelon, French 
. Guiana, Senegambia, Congo, Ga- 
boon, Mazotte. Nassi-Be, French 
India, New Caledonia and Tahiti). 

Great Britain with New Zealand and 
Queensland. 

Guatemala, 

Italy, 



Netherlands (and her East and West 

Indian Colonies), 
Norway, 
Portugal, 
San Domingo, 
Servia, 
Spain, with Cuba, Puerto Rico and 

the Philippine Islands, 
Sweden, 
Switzerland, 
Tunis, 
L^nited States of America. 



These countries have associated themselves togeincr, forming an international union, 
for the protection of inventions, trade and other commercial marks, and similar industrial 
property. The principal provisions of the regulations of the Union are as follows : 

1. Aliens hare the same rights as Natiyes.— The subjects or citizens of each of 
the contracting States, shall in all the other States of the Union, in matters concerning 
patents, industrial designs or models, trade and commercial marks, and trade-names. 
«njoy the advantages that their respective laws now grant, or shall hereafter grant to 
natives. 



2. Right of Priority for Filing Applications.— Any person who has duly 
lodged an application for a patent, an industrial design or model, or trade or commercial 
xaark in one of the contracting States, shall enjoy, for lodging the application in the othsr 
States, and reserving the rights of third parties, a right of priority during the terms here- 
inaftar named. 

Consequently, a subsequent application in any of the other States of the Union before 
the expiration of these periods shall not be invalidated through any acts accomplished in. 
the interval, either, for instance, by another application, by publication of the invention 
•or by the working of it by a third party, by the sale of copies of the design or model, or 
iy the use of the mark. 

The above-mentioned terms of priority shall be six months for patents, and three 
months for industrial designs and models, and for trade and commercial marks. The 
terms are increased by a month for countries beyond the sea (North and South America, 
■etc.). 

3. Protection for Inrentions Exhibited in Exhibitions. — Temporary protec- 
tion will be granted for any patentable invention, industrial design or model, or trade or 
commercial mark, for articles exhibited at official or officially recognized international 
exhibitions. 

This temporary protection is granted for the term of six months from the day of the 
admission of the article at the exhibition, and is independent of the " term of priority" 
mentioned in the preceding article. During this term, the exhibition, publication," or 
working not authorized by the owner of the invention, design, model or mark thus pro- 
tected, shall not hinder the party who has obtained the said temporary protection from 
making good in the course of said term his application for patent, or the registration 
necessary to secure definite protection in the entire territory of the Union. This tempo- 
rary protection shall not be operative unless, while it still continues, an application for 
patent is made, or some specimen deposited for the purpose of securing to the respective 
article definite protection in one of the States belonging to the Union. 



THE IXTERNATIOXAL UXIOX. ITALY. 45 

4. The Right to Import Patented Articles.— The importation of patented articles 
by the patentee into any country where a patent has been issued, does not entail forfeit- 
ure of the patent. Nevertheless, the patentee remains subject to the obligation to work 
his patent in conformity with the laws of the country into which he introduces the 
patented articles. 

5. Protection of Trade-Names. — A trade-name is protected in all of the countries 
of the Union without the necessity of registration. 

6. Confiscation of Infringing" Articles. —All products illegally bearing a trade or 
commercial mark or trade-name, or a spurious or misleading mark with regard to the 
place of production, may be confiscated either in the country where the false mark waa 
affixed, or in the country where the product has been introduced. 

7. Rights of Aliens Domiciliated in States of Union.— Subjects or citizens of 
States not forming part of the Union, who are domiciled in the territory of any of the 
States of the Union, shall enjoy equal rights with the subjects or citizens of States- 
belonging to the Union. Those possessing industrial or commercial establishments in any 
of the States of the Union, but not residing there, shall possess equal rights if they ar& 
the exclusive owners of the said establishments, and are represented there by a general 
agent. In case of contestation, such persons are bound to prove that they actually and. 
continuously exercise their industry or business there. 



ITALY, 



LAW AND PRACTICE. 



Who may he Patentee. — The author of a new invention or discovery, or his 
assign, whether a person, firm or corporation. 

Patents. Kind and Term. — Patents of Invention granted for from one to fifteen 
years as elected by the applicant. Patents of Importation granted for inventions already 
patented abroad. Patents of Addition granted for the life of the original patent and 
expiring therewith. Patents demanded for a less term than fifteen years can be 
prolonged to this term either in a single prolongation or by successive prolongations of 
one or more years each. A patent granted for an invention already patented abroad 
expires with that patent for which the longest term has been granted, but in no case can- 
it exceed the maximum limit of fifteen years. A patent of invention takes effect from 
Uie date of its application, and its duration from the last day of that one of the months of 
March, June, September and December which follows next after the date of ap- 
plication. 

Unpatentahle.— Inventions or discoveries relating to trades which are contrary to- 
law, morals, or public safety ; inventions or discoveries not relating to the manufacture- 
of material objects ; inventions or discoveries of a mere theoretical nature ; all kinds of 
medicines. 

Novelty. Effect of Prior Patent or Puhlication.— The application should be filed 
before the invention has been published, or become publicly known in Italy but in case 
of an invention previously patented abroad and not yet imported into Italy, although^ 
already published by means of such foreign patent, a valid patent may be obtained at- 
any time so long as the application be made before the expiration of the foreign patent, 
and before the importation or use of the invention in Italy by persons other than th4 
mventor. 



-46 ITALY. JAMAICA. 

Taxes. — Patents are subject to two kinds of taxes : one a proportional or term tax, 
the other an annual tax. The proportional or term tax consists of as many times 10 
lire (about $2.00), as there are years in the term^ for which the patent is demanded 
(whether an original patent or a patent of prolongation), and is payable in advance at the 
time the application is made. The annual taxes are 40 lire for each of the first three 
years, 65 lire for each of the three following years, 90 lire each for the seventh, eighth, 
and ninth years, 115 lire each for the tenth, eleventh, and twelfth years, and 140 lire for 
each of the three last years. All annual taxes are payable in advance, but tnree months' 
_grace is allowed, without fine. 

It is usual to pay the term tax for at least six years, as, if a patent is obtained for a shorter 
term than six years "it must be worked within one year, whereas a patent granted for six years or 
longer need not be worked until the second year. 

Assignments. — In case the patent is only partially assigned, or is assigned to more 
■than one person in parts or shares, i. e., otherwise than collectively, the registration of 
the assignment cannot be effected until the whole of the taxes shall have been paid for 
the remainder of the term of the natent ; that is to say, the term for which the " term tax " 



To effect the recording of aa assignment the following documents are necessary. 1. 
An assignment in either the Italian or French language, signed by both the assignor and 
■assignee and legalized by an Italian Consul. 2. A power of attorney in the same language 
as the assigumeat, signed by the assignee, and legalized by an Italian Consul, authorizing 
the recording of the assignment and the payment of the fees in connection therewith. 

Working. — If the invention has been patented for a term less than six years the 
working must be commenced within one year of the date of the patent, and the working 
must not entirely cease for any one entire year thereafter. If patented for six years or 
m )re, the working must be commenced within two years of the date of the patent, and 
the working must not entirely cease for any two years thereafter. The patentee does 
not forfeit his rights if he can prove that his failure to work his inventibn is attributable 
to causes beyond his own control, but the want of pecuniary means is not included in 
"these causes. The courts, in contested cases, seem disposed to construe the lawin asense 
favorable to the inventor's interests, if he can produce evidence to show that he has 
reasonably exerted himself to work his invention. It is considered sufficient in case of 
machinery or apparatus to import one or more of the articles into Italy, and to set up and 
work it or them there. In case of a process, it must be carried into practice. Proof of 
working should be obtained and retained by the patentee. 

DOCUMENTS REQUIRED. 

The documents required for Patents of Addition are precisely the same. 

1. Speciflcation. — Written or printed on any paper and in any suitable form. No 
•signatures necessary. 

2. Drawings in triplicate. — One copy must be upon drawing or bristol board, and 
the other two copies upon tracing cloth. The size of the sheets should not exceed 80 
centimeters (llyf inches) in width, by 40 centimeters (159^ inches) in height. A clear 
space or margin of 5 centimeters (1^ inches) should be left all around. No signatures 
are necessary. 

3. Power of Attorney- — Signed by the applicant before a Notary Public, and 
legalized by an Italian Consul. 



JAMAICA. 



LAW AND PRACTICE. 



Who may be Patentee.— The true and first inventor or importer, or his author- 

dzec"* agent or assignee. 



JAMAICA. JAPAN. 47 

Patents, Kind and Term.— Patents of Invention (or Importation), granted for 
fourteen years, and Patents of Addition, which form a part of, and expire with, the 
original patent. In exceptional cases, the patent may be extended for a further term of . 
seven years. In case of prior foreign patents, the patent expires with the patent having 
the shortest term. 

Unpatentalble.— A valid patent cannot be obtained for an invention, the subject of 
a foreign patent which has already expired. 

Novelty, Effect of Prior Patent or Publication.— To obtain a valid patent, the 
application must be filed before the invention has been introduced into public and com- 
mon use in Jamaica, Patents may be obtained at any time upon inventions already 
patented abroad, so long as the foreign patents remain in force and the invention has not 
l)een brought into public and common use ia Jamaica. 

Taxes. — There are none after the issue of the patent. 

Assignments.- May be prepared in any usual form, and should be in duplicate. 

Working. — The invention must be put into operation within two years of the date of 
the patent. It is considered sufficient in case of machinery or apparatus to import one 
-or more ip*« Jamaica and put it or them into operation there. In the case of a process it 
must be i/rought into practice there. 

DOCUMENTS REQUIRED. 



The documents should be Yrritten or printed on legal cap, on one side only, and all shmiia be 
aent in duplicate. 

1. Petition. — Signed by applicant. 

2. Declaration.— Signed by applicant. The declaration may be taken before 
a Notary Public or a British Consul. 

3. Drawings in duplicate.— On drawing board or tracing cloth, of any suitable 

.size. No signatures required. 

4. Specification in duplicate.— Signed by applicant and two witnesses. 

5. Power of Attorney.— Signed by applicant and legahzed by a British Consul. 



JAPAN, 



New patents, designs and trade-marks laws were passed in Japan on December 18th 
1888, to go into effect on February 1st, 1889. 

Under the provisions of these laws natives of Japan may secure patents for inven- 
tions for five, ten or fifteen years ; patents for designs for three, five, seven or ten years 
as they may elect ; and protection for the use of any trade-mark for the term of twenty 
years, by making due application to the Minister of State for Agriculture and Commerce 

The benefits of these laws do not, however, extend to foreigners, nor can foreigners 
obtain protection in Japan for inventions, designs or trade-marks, except by securing a 
special grant, which is a very costly and uncertain undertaking. 

We quote the following from the Japan Mail, a semi-official journal : 

" Foreign patents and foreign trade-marks remain as before without protection in 
Japan ; nor can they possibly receive protection so long as the provisions of Japanese law— 
this Patent Law, for example— are not effective in respect of foreigners living in Japan 
If the latter cannot be restrained from infringing Japanese patent-rights, neither can 
ithey claim protection for their own patents against Japanese infringement." 



48 JAPAN. LAGOS. LEEWARD ISLANDS. 

Upon the passage of the patent law of Apr.l 18th, 1884, we instructed our agents to 
apply to the Japanese Minister of Foreign Affairs for an interpretation of the law as 
regards the rights of foreigners under it. The Minister's reply, dated at Tokio, August 
iJd. 1885, was to the effect that the patent regulations were not applicable to foreigners. 
We have had our agent make similar inquiry with regard to the new laws, and he has 
been informed that foreigners can derive no benefits from them at present. 

The cost of a special grant cannot be determined in advance. Upon receipt of par- 
ticulars we will obtain estimates as to cost.« through correspondence. 



LAGOS. 



There is as yet no patent law in this British Colony. The government will, however, 
undoubtedly grant protection for inventions by way of special Legislative Act, pro vie ed. 
the invention is likely to prove of practical utility in the country, 

DOCUMENTS REQUIRED. 

The same as for the Bahama Islands (which see). 



LEEWARD ISLANDS. 



Comprisiag Antigua, Anguilla, Dominica, Montserrat. Xevls, St. Christopher and Virgin Islands. 
These several colonies were, for administrative purposes, grouped together in 1871. 

LAW AND PRACTICE. 

Who may he Patentee. — The true and first inventor, which is interpreted to include 
the true and first importer. 

Patents, Kind and Term. — Provisional Patents granted for a term of six months. 
Patents of Invention (or Importation) granted for fourteen years, counting from the date 
of the filing of the application, subject to the payment of the prescribed taxes. Exten 
sions maysometimes be obtained. In case of prior foreign patents, the patent will 
expire with the first expiring foreign patent. 

Unpatentable. — The law is silent upon this point. 

Novelty, Effect of Prior Patent or Pnhlication. — The invention must not have 
been known or used in the Colony, at the time the application is filed. Prior publicatioa 
or patenting in other countries does not prevent the obtaining of a perfectly valid patent, 
but a valid patent cannot be obtained after the expiration of a foreign patent for the same 
invention. 

Taxes. — A tax of £10 is payable before the end of the third year of the life of the 
patent, counting from the date of the filing of the application, and another of £'^0 
before the expiration of the seventh year. Xo prolongation of the time for making pay 
ment can be obtained. 

Assig'nments. — These ma)- be prepared m any usual form, and should be in 
duplicate, 

Working:. — There are no conditions. 

DOCUMENTS REQUIRED. 
1. Petition. — Signed by applicant. 



LEEWARD ISLANDS. LIBERIA. 4Q 

2 Declaration. - Signed by applicant. The declaration may be made before any- 
official competent to take the same, but had better be made before a British Minister 
or Consul. 

3. Drawings in duplicate.— On drawing board or tracing cloth, any convenient 
size. No signatures necessary. 

4 Specification in duplicate.— Either provisional or complete. Should be 
written on legal cap^ on one side only. May be signed either by the applicant or the 
agent. 

5. Power of Attorney.— Signed by the applicant and two witnesses. 



LIBERIA. 



LAW AND PRACTICE. 
Who may be Patentee. — The first and true inventor, his heirs, executors, 
administrators or assigns. 

Patents, Kind and Term.— There is but one form of patent ; this is granted for a 
Jierm not to exceed twenty years. 

Unpatentable. — The law is silent upon this point. 

Novelty, EiFect of Prior Patent or Publication. — The law requires that where 
the applicant is a citizen of Liberia, the invention must be one ' ' not known or used b v 
others within the limits of this Republic, and not described in any book or publication in 
this country" before the applicant's invention or discovery thereof. If the applicant is 
an alien, the invention must not have been known or used by others within the limits of 
the Republic at the time the application is filed. The holder of a prior foreign patent 
may obtain a valid Liberian patent at any time subject to the above requiremeat of nov- 
elty. 

Taxes. — There are none after the issue of the patent. 

Asiignments. — Should be prepared in duplicate. Any usual form will answer. 

Working. — Inventions for which aliens obtain patents must be worked ; ' ' put in: 
active operation in the Republic," within three years of the date of the patent. 

In the absence of any decision upon this point, it is impossible to state just what 
amount or form of working is required. It is believed that in the case of machines or 
apparatus it will be sufficient to import the same into Liberia, and to operate or sell them 
there. 

DOCUMENTS REQUIRED. 

1. Petition. — Signed by the applicant. 

2. Power of Attorney. — Signed by the applicant. 

3. Specification in duplicate. — Signed by the applicant and two witnesses. 

4. Drawing's in duplicate.— Signed by the applicant in the lower right hand 
comer. 



50 LIBERIA. LUXEMBOURG. 



5. Oath. — Signed by the applicant before a Notary Public or a Consul of Liberia. 

6. A Certificate, signed and sealed by the Mayor or Governor of the town in 
which the applicant resides, or by a Notary Public, to the eflEect that the applicant is the 
original and first inventor, or his legal assignee. 



LUXEMBOURG. 



LAW AND PRACTICE. 

Who may be Patentee. — The first applicant; a person, firm or corporation. Ii/ 
case the applicant is not the inventor, however, it is desirable that he should obtain and 
keep the written consent of the latter, as the patent may be voided should it be proved 
that the essential features of the invention were taken from the descriptions, designs, 
models, instruments, tools or processes of another party without his consent. 

Patents, Kind and Term. — Patents of Invention granted for fifteen years, subject 
to the payment of the prescribed taxes, and the proper working of the invention. 
Patents of Addition granted for the life of, and which expire with, the original patent. 

It is useless to take i patent in Luxembourg unless a patent has been, or is to be 
applied for "in the States with which the Grand Duchy of Luxembourg has a custom 
house union," (this at present applies to Germany) within three months from the date of 
the filing of the application in Luxembourg. The Luxembourg patent will also become 
extinct if the patent applied for in such States be refused, or if having been allowed, 
it be revoked, annulled or become extinct in any other manner, except by reason of 
failure to work the invention. The term of the patent commences from the day fol- 
lowing the day upon which the application is filed. 

Unpatentable. — Inventions which have for their object food or other objects of 
consumption, pharmaceutical products or substances obtained by chemical means. Any 
special process for manufacturing these objects is patentable. 

Novelty, Effect of Prior Patent or Publication.— An invention is not considered 
as patentable when at the moment the application is filed it is found to be already so 
clearly described in any printed matter open to the public, or so openly worked in either 
the Grand Duchy or any of the States of the German Custom House Union, as to render 
it possible for execution by other persons expert in the trade to which it refers. The 
holder of a prior foreign patent may obtain a valid patent in Luxembourg subject to the 
above requirement as to novelty. 

Taxes. — Patents of Invention are granted subject to the payment of annual taxes. 
The tax amounts to 10 francs for the first year ; 20 francs for the second year, and so on, 
increasing at the rate of 10 francs each year. Three months' grace, without fine, is al- 
lowed for making the payment. No further prolongation of time for making payment 
can be obtained. 

Assignments. — These should be prepared in duplicate, may be in either the French 
or German language, and must be legalized by a Consul for the Netherlands. It is pref- 
erable to have the documents prepared in Luxembourg. 



Working.— The patent can be revoked after three years from the date of the patent 
by a royal Grand Ducal decree, subject to an appeal to the Litigation Committee of the 
Council of State, if the patentee neglect to put his invention into operation in the Grand 
Duchy to a suitable extent, or at least to do everything necessary to insure this working 
It is considered suflBcient to import one or more of the articles into Luxembourg, and to 
expose them for sale ; or, if this be difficult or impossible, to insert an advertisement in 
the newspapers ofEering to supply any demand that may arise. 



LUXEMBOURG. MADAGASCAR. MALTA. 51 

DOCUMENTS REQUIRED. 

The documents required for Patents of Addition are precisely the same. 

1. Specification.— Written or printed on any suitable paper. No signatures are 
required. 

2. Drawings in triplicate.— On drawing board or tracing cloth, of any conven- 
ient size. No signatures are necessary. 

3. Power of Attorney.— Signed by the applicant or applicants before a Notary 
Public, all names in full. 



MADAGASCAR. 



There is no patent law at present, nor do we believe that special grants, having the 
same force, would be allowed by the government. 



MALTA. 



LAW AND PRACTICE. 
Who may be Patentee. — The true and first inventor or his authorized agent. 

Patents, Kind and Term. — Patents of invention granted for a term not exceeding 
fourteen years. 

Unpatentable. — The law is silent upon this point. 

NoTeltj, Effect of Prior Patent or Publication. — The application must be filed 
before the invention has bei n made publicly known in Malta. An inventor, or his rep- 
resentative, to whom a patent has been granted in any other country may oi)tain a valid 
patent in Malta so long as the invention has not been made publicly known in Malta. 

Taxes.— There are no taxes after the issue of a patent for the first four years, after 
which annual taxes are payable, as follows : before the expiration of the fourth year 
£4 ; before the expiration of the iifth, sixth and seventh years, each, £5 ; before the 
expiration of the eighth and ninth years, each, £7.10.0 ; before the expiration of the 
tenth year, £20 ; before the expiration of the eleventh, twelfth and thirteenth years, 
each, £10. ' 

Assignments. — These may be in any suitable form and should be in duplicate. They 
should be legalized by a British Consul. 

Working. — The law reads as follows : " An inventor may be required to assign his 
right, or to grant the use thereof, for a consideration to be determined by the competent 
Civil Court, if the invention or modification to which the patent refers shall not have 
been put into use within twelve months subsequent to the concession, or if its working 
shall have been suspended for twelve months continuously." It is believed that it is not 
the intent of the law to compel the actual manufacture of the invention in Malta, but 
that it will be sufficient to import and sell the articles there. 

DOCUMENTS REQUIRED. 

1. Specifications in duplicate. — Signed by the inventor. The form of specification 
heading and preamble to claims may be the same as for British applications. 



52 MALTA. MAURITIUS. 

2. Drawings in duplicate. — May be made upon drawing paper or tracing cloth, 
and of any suitable size. No signatures required. 

3. Petition. — Signed by the inventor before a Notary Public, and legalized by a 
British Consul. The application should be addressed to " The Governor of Malta." 

4. Power of Attorney. — Signed by the inventor and legalized by a British Consul. 



MAURITIUS. 



LAW AND PRACTICE. 

Who may be Patentee. — The true inventor, his heirs, executors, administrators, 
and assigns. Joint inventors must make a joint application. The importer into Mau- 
ritius of a new invention is not deemed an inventor unless he is the actual inventor. 

Patents, Kind and Term. — Patents of Invention granted for a term of fourteen 
years. The Governor in Council may extend the patent for a further term not exceed- 
ing fourteen years, if he thinks the circumstances warrant such extension. Patents 
based upon prior British patents cease to have effect if the British patents are revoked 
or cancelled, and expire with them at the end of their term. 

Unpatentable. — Financial schemes and operations of credit, whether commercial 
or industrial ; inventions patented abroad in respect whereof a patent has expired. 

NoTelty, Effect of Prior Patent or Publication. — To obtain a valid patent, the 
invention must not, at the time the application is filed, have been publicly used in 
Mauritius or in any part of the United Kingdom of Great Britain and Ireland, or been 
made publicly known in Mauritius or the United Kingdom by means of a publication 
either printed or written, or partly printed and partly written. But, an inventor having 
obtained a British patent may obtain a patent in Mauritius, provided the application be 
made within twelve months from the date of the British patent, although the invention 
be previously known or used in Mauritius, provided that such knowledge or use in Mau- 
ritius was not prior to the date of the British patent. The use of an invention in public 
by the inventor, or by his servants or agents, or by any other person with his license, 
for a period not exceeding one year prior to the date of the application, is not deemed a 
public use within the meaning of the ordinance. 

Taxes. — There are none after the issue of the patent. 

Assignments. — Must be registered and transcribed at the Mortgage Office. The 
documents may be prepared in any usual form, and should be in duplicate. 

Working. — There are no requirements, 

DOCUMENTS REQUipED. 

The papers should be written or printed ou legal cap, on one side only. 

1. Petition in duplicate. — Signed by the applicant, all names in full, 

2. Declaration in duplicate.— Signed by the applicant. 

3. Specification in duplicate.— Signed by the applicant and a witness. 

4. Drawing's in duplicate. — On drawing board or tracing cloth. No signatures 
required. 

5. Power of Attorney. — Signed by the inventor and two witnesses. 



MEXICO. 53 

MEXICO. 



LAW AND PRACTICE. 

Who may he Patentee. — The actual inventor or his lawful representative, In- 
eluding his executor or administrator. 

Patents, Kind and Term. — Patents of Invention granted for twenty years, count- 
ing from the day of issue, but in case prior foreign patents exist, the Mexican patent 
will expire with the foreign patent first granted. A. patent may be extended for an addi- 
tional term of five years, in exceptional cases, if the Executive sees fit to do so. The term 
of existing ten year patents may be prolonged up to a maximum term of twenty years 
under the new law, upon payment of an additional tax and stamp duty. 

Unpatentable. — Inventions or improvements the employment of which is contrary 
to the prohibitive laws, or to public security ; scientific principles or discoveries, being at 
the same time merely speculative and not capable of being transformed into a machine, 
apparatus, instrument, or a mechanical or chemical process or operation, of a practical 
industrial character, 

NoTelty, Effect of Prior Patent or Publication.— To obtain a valid patent, the 
application must be filed before the invention has received sufficient publicity in Mexico 
or elsewhere to enable it to be worked or executed. This does not, however, include 
publication of the invention by foreign patent offices, or publicity given in exhibitions. 
Subject to the above requirement with regard to novelty, a valid Mexican patent can 
be obtained at any time upon inventions already patented in other countries. 

Taxes. — There are none after the issue of the patent. 

Assignment.— The document should be prepared in the Spanish language, and must 
be legalized by a Mexican Consul. The assignee should declare his acceptance of the 
assignment, and sign with the assignor. While all applications must be made by or in 
the name of the actual inventor, if it is desired to have the patent issue to an assignee, 
clause can be inserted in the power of attorney to this effect, and the patent thus applied 
for will be issued to the assignee. 

Working. — Section 33 of the law requires that a patentee must prove within five 
years from the date of the patent (the patent dates from its issue) that the patented 
article is made or used in the Republic or that the necessary steps have been taken to 
establish such an employment or manufacture. This term cannot be extended and the 
penalty for non-compliance is the forfeiture of the patent. 

Special.— Patented articles must bear the number and date of the patent. 



DOCUMENTS REQUIRED. 

1. Speciilcation. — Written or printed on any suitable paper. No signatures 
required. 

2. Drawings in duplicate.— On tracing cloth or tracing paper, any convenient 

size. No signatures required. 

3. Power of Attorney.— Signed by the applicant or applicants, before a Notary 
Public, all names in full, and legahzed by a Mexican Consul. 



54 MONACO. MONTENEGRO. MOROCCO. NATAL. 

MONACO. 



There is no patent law in force, nor do we know of any way in which inventions 
may be protected there. 



MONTENEGRO. 



There is no patent law in force, and apparently no disposition on the part of the 
government to give protection to inventions in any way. 



MOROCCO. 



There is no patent law ic force as yet. and but little probability that the government 
would allow special grants alfording protection to inventions. 



NATAL. 



LAW AND PRACTICE. 

Who may be Patentee. — The true and first inventor. The interpretation clause of 
the Act provides that ttie word " invention shall bear and have the same meaning as it 
has in the Act of the Imperial Parliament, the loth and 16th of Her Majesty, c, 83. 
entitled, 'An Act for Amending the Law for Granting Patents for Inventions;' " and in 
the absence of any judicial decision upon the subject in the Colonial Courts, itseenis 
probable the judges would follow the English and the Colonial precedents and construe- 
the '• true and first inventor " to include the true and first importer within the Colony. 

Patents, Kind and Term. — Patents of Invention granted for fourteen years, subject 
to the payment of the prescribed taxes. The patent will expire with the first expiring 
prior foreign patent. The Lieutenant-Governor is empowered to grant an extension of 
the patent, should the circumstances warrant, for an additional term of not more than 
fourteen years. The patent dates from the day the application is filed. 

Unpatentable.— A valid patent cannot be obtained in Natal for an invention, the 
subject of a foreign patent which has already expired. 

NoTelty, Effect of Prior Patent or Publication. — The invention must not have 
been publicly used in Natal before the application for the patent. Prior patenting or 
publication in other countries will not prevent the obtaining of a perfectly valid patent 
providing the invention has not been publicly used in Natal at the time the application 
is filed. 

Taxes. — A tax of £5 must be paid before the expiration of the third year of the 
life of the patent, counting from the date of the filing of the application, and a further 
tax of £10, before the expiration of the seventh year. No prolongation of the time for 
making payment can be obtained. 



KATAL. NETHERLANDS (HOLLAND). NEWFOUNDLAND 55 

Assignments. — Should be prepared in duplicate. Any usual form may be em- 
ployed. 

Working. — There are no requirements. 

DOCUMENTS REQUIRED 

The documents required are precisely the same as for Cape Colony (which see). All 
the documents including the Specifications (except the drawings) must he signed by the 
inventor, and the place and date of execution must be given. 



NETHERLANDS (HOLLAND), 



There is no patent law at present, but it is probable that there will be one soon, as 
earnest efforts are being made to secure the passage of a liberal law. The Netherlands is 
a member of the International Convention for the protection of industrial property. 



NEWFOUNDLAND. 



The Patent covers Newfoundland and the Eastern coast of Labrador. 

LAW AND PRACTICE. 

Who may he Patentee. — The true inventor, or the owner of a prior foreign patent ; 
but the assignee cannot make the application in case of an invention made abroad for 
which no Letters Patent have been there obtained. 

Patents, Kind and Term. — Patents of Invention granted for fourteen years. In 
exceptional cases the Governor in Council may insert in the Letters Patent a provision 
extending the operation thereof for a further term of seven years. In case there are 
prior foreign patents, the patent will expire with the first expiring foreign patent. 

Unpatentable. — A valid patent cannot be obtained in Newfoundland for an inven- 
tion the subject of a foreign patent which has already expired. 

Novelty, Effect of Prior Patent or Publication. — The invention must not, prior 
to the filing of the application have been known or used, either in the Island or else- 
where, except it has been patented in some other country, in which case it must not have 
been introduced into public and common use in Newfoundland. 

Taxes. — There are none after the issue of the patent. 

Assignments. — The documents may be drawn in any suitable form, and should be 
in duplicate. It is preferable to have them executed before a Notary Public. 

Working. — The invention must be brought into operation in Newfoundland within 
two years of the date of the patent, or the patent will become void. In the absence of 
any judicial decisions upon this point we cannot say what will constitute a legal working. 
We are advised, however, that it is believed that the importation and the sale of the 
patented article in Newfoundland, in quantities sufficient to meet all demands, will be 
adequate, 

^^eeisil.— MODELS OB SPECIMENS, Section V. of the law provides that in case 
the invention relate to a machine, that thQ applicant shall furnish a model ; or, where the 



56 NEWFOUXDLAXD. XEW SOUTH WALES. 

invention is a composition of matter, he must furnish specimens of the ingredients and 
composition of matter sufficient in quantity for the purpose of experiment. The Governor 
in Council may dispense with the delivery of a model in case of complicated machinery, 
"where the cost may be so great as to prevent any ingenious but poor person from 
obtaining a patent if the delivery of the model were insisted upon. We should remark 
here tha^, while the delivery of a model may be insisted upon with any application, we 
have found in actual practice that models are not frequently demanded. 

DOCUMENTS REQUIRED. 

1. Petition.— Signed by applicant. 

2. Oath. — Signed b}- applicant. The oath may be taken in Great Britain or 
Ireland, before the Mayor of a city or borough, certified under the corporate seal ; or in 
any other country before a British Consul or Vice-Consul and must be certified under 
Ms seal of office.' 

3. Specificatious in dnplicate.— Signed by the applicant and two witnesses, and 
certified by applicant over his signature to be the specification referred to in the annexed 
petition. May be written on legal cap, on one side only. 

4. Drawing's ia duplicate. — On any suitable material, tracing cloth preferred, 
and of any size. "Must be certified by applicant over his signature to -be the drawings 
referred to in the annexed petition. 

5. Power of Attorney. — Signed by applicant and two witnesses. 



NEW SOUTH WALES. 



LAW AND PRACTICE. 

"Who may be Patentee.— An application for a patent or for provisional protection 
may be made'by any person, provided he claims to be either— 1. The author or designer 
of an invention ; 2. the inventor's agent ; '6. the inventor's assignee; 4. the introducer 
into the Colony of an invention new to the Colony ; 5. the introducer as to one part of 
"^he invention, and the inventor as to the othsr part ; 6. or the agent or assignee of any 
person claiming under any of the four preceding sub-sections. Letters Patent and Cer- 
tificates of provisional protection may also be "applied for by trading associations or 
other corporate bodies: or joint application maybe made — 1. by individuals ; 2. by two 
or more corporate bodies ; or, 3. by an association of one or more corporate bodies with 
one or more individual applicants. The Attorney-General decided in December, 1885, 
Itiat a patent might be granted to a local agent for a " communicated " invention, and it 
is presumed that this practice will hold good in future, or until the law is amended. 

Patents, Kind and Duration. — Provisional Protection granted for a term of twelve 
months; Patents of Invention granted for a term of fourteen years counting from the 
date cf the filing of the application. 

Unpatentable. — Any invention or improvement in the arts or manufactures may 
be made the subject matter of a patent, unless such invention or improvement appears to 
be detrimental to public health, public welfare, morality, or the interest of the State. 
Scientific principles or theories cannot be patented, but the practical application of them 
to industrial ends may form the subject of a patent. 

Novelty, Effect of Prior Patent or Publication. — The application should be filed 
before the invention has been published, made, sold or used in Xew South Wales. Pub- 
lication of the invention, or the issue of prior patents in other colonies or countries, will 
not prevent ap inventor from obtaining either a patent or provisional protection in New 
South Wales, unless — 1. the invention has been introduced into public use in Xew South 



NEW SOUTH WALES. NEW ZEALAND. 57 

Wales prior to the filing of the application ; or unless 2. such invention has been wholly 
or in part anticipated in a prior patent or certificate of provisional protection. 

Taxes. — There are none after the issue of the patent. 

Assignments. —All assignments or licenses are required to be registered in the 
Patent Office within the following respective periods from the date of execution: 1. 
within the colony, 14 days ; 2. from any of the other Australian colonies, 30 days ; 3. 
other places, 90 days. In view of this fact, it sometimes becomes necessary to send 
out these documents unexecuted, with a power of attorney in blank, authorizing the ex- 
ecution thereof by our agents. In some cases, solicitors prefer to send them out already 
executed, but not dated, leaving this to be inserted in the colony, but as the Act requires 
them to be registered within ninety days of their execution (and not of their date), it seems 
to be questionable whether this is a correct proceeding. The documents must be in 
the English language, and in duplicate ; any suitable form. 

Working. — There are no requirements. 

DOCUMENTS REQUIRED. 

1. Petition.— Signed by applicant. May be written on any paper. Does not 
need to be witnessed. 

2. Specifications in duplicate.— Signed by applicant. Ou any paper. No wit- 
nesses needed. Botli copies should be originals, that is, not " carbon " copies. 

3. Drawing's in duplicate. — One copy must be made upon stout, white, smooth 
surfaced drawing paper, and the other copy upon similar paper, parchment or tracing 
cloth, the sheets of which should be 8 inches wide by 13 inches high ; or 16 inches wide 
by 13 inches high, having a margin line all around one inch from the edge of the sheet. 

signatures required. 



No 



4. In Case of a Communicated Invention an Appointment of Agent.— Signed 
by applicant. On any paper. 

5. If tlie Applicant is an Assignee, proof of the assignment must be furnished. 
DOCUMENTS REQUIRED TO OBTAIN PROVISIONAL PROTECTION. 

1. Petition. — Signed by applicant. 

2. Specifteation.— Not in duplicate. Signed by applicant and one witness. 



NEW ZEALAND. 



LAW AND PRACTICE. 

Who may be Patentee. — The true and first inventor; the inventor and assignee or 
assignees; the assignee or assignees of the inventor; the nominee or nominees of the 
inventor; or the legal representative of a deceased inventor provided he makes the 
application within six months of the decease of such inventor. Joint inventors may 
obtain a joint patent. The unauthorized importer of an invention is not entitled to a 
patent. 

Patents, Kind and Term. — Patents of Invention granted for fourteen years from 
the date of the acceptance of the specification. Provision is made for extending the term 
of a patent for seven years, and in exceptional cases for fourteen years. 



58 NEW ZEALAND 

Unpatentable. — The Kegistrar may refuse to grant a patent for an invention, tlie 
use of "which would in his opinion be contrary to law or morality, or if he knows that 
the alleged invention is not new. 

NoTelty, Effect of Prior Patent or Publication.— The application should be filed 
before tbe invention has been published, or been publicly known or used within. 
New Zealand. Prior pubhcation or prior patenting in any other country will not pre- 
vent the obtaining of a perfectly valid patent provided the invention is new as to New 
Zealand at the time the application is filed. The exhibition of an invention at any 
colonial, intercolonial or international exhibition wlil not prejudice the right of an 
inventor to apply for and obtain a patent, provided: That in the case of an exhibition 
held at any place within the colony: {a) the exhibitor must, before exhibiting the 
invention, give the Registrar notice of his intention to do so; and, ip) the application 
for patent must be filed within six months from the date of the opening of the exhibi- 
tion. In case of an exhibition held at any place outside the colony, the foregoing condi- 
tions also apply ; but the Governor may exempt the exhibitor from giving the previous 
notice to the Registrar. By an order in Council, the provisious of Section 103 of the 
British Patents Act, 1883, are applied to New Zealand and any person who has applied 
for protection in Eugland or in any foreign State, a party to the International Con- 
vention, is entitled to a patent in priority to any other applicant, provided tbe applica- 
tion is filed within twelve months from the date of the filing of the English or foreign 
application. 

Taxes. — A tax of £5 is payable before the expiration of the fourth year of the dura- 
tion of the patent, counting from the date of the acceptance of the specification ; and a 
further tax of £10 is payable before the expiration of the seventh year. If a patentee, 
through inadvertance, accident or mistake, fails to pay a fee within the required time, he 
may obtain an extension of the time for making such payment, not, however, ii) exceed 
three months, upon application and the payment of government fees amounting to £4. 

Assignments. — The documents should be in the English language and in duplicate,, 
and must be accompanied by a request to euter name in register, signed by the assignee. 
No regujiations have been made as to the material upon which the assignments and request 
are to be made, nor have any forms been prescribed. It is suggested that the same forms 
be used as for British assignments, as these will undoubtedly be accepted. 

Working". — There are no requirements as to working, in respect of patents granted on. 
and after January 1, 1890. Patents granted before that date will probably still be 
required to be worked within two years of their date, although there is some doubt in the 
minds of some of our correspondents as to the necessity of such working. 

DOCUMENTS REQUIRED. 

1. Application. — Signed b}^ the applicant and two witnesses. 

2. Specifications in duplicate. — Written or printed upon one side only of strong- 
white paper, 8 inches wide, by 13 inches in height, leaving a margin of two inches upon . 
the left hand side. No signatures necessary. 

3. Drawings in duplicate. — Upon tracing cloth or white drawing paper, the 
sheets of which should, preferably, not exceed two feet square in size. No signatures 
necessary. 

4. If the applicant is the assignee or nominee of the inventor, an assignment or 
authority from the inventor must be furnished, together with a statutory declaration 
that he is the bona fide assignee or nominee of the inventor. If the application is by a 
Company, an assignment, or copy of assignment verified by affidavit, and a statutory 
declaration by one of the officers of the Company, stating that the Company is the bona 
fide assignee, must be furnished. 

5. If the applicant is the legal representative of a deceased inventor, the applica- 
tion must contain a declaration that the applicant believes such inventor to have been 
the true and first inventor of the invention, and must be accompanied by an office copy 
of. or extract from his will, or the letters of administration granted, and such copy or 
extract must be properly certifiea. 

6. Statement of Address and Appointment of Agent.— Signed by the applicant 



NICARAGUA. NORWAY. 5» 

NICARAGUA. 



There is as yet no patent law in this country. The government will, however, grant 
protection for inventions by way of special Legislative Act, provided the invention is 
likely to prove of practical utility in the country. 

DOCUMENTS REQUIRED. 

The same as for Chili. The Power of Attorney must be legalized by a Nicaraguain 
Consul. 



NORWAY. 



LAW AND PRACTICE. 



Who may he Patentee. — The right of obtaining a patent belongs solely to the 
first inventor, or to him who derives his right from him. In case there are several 
applicants, and it cannot be clearly shown which was the first inventor, the patent will 
be granted to the person whose application was filed the earliest. Patents of Addition are 
granted to the original patentee only, during the term of two years from the date of the 
application for the original patent. 

% 
Patents, Kind and Term. — Patents of Invention granted for fifteen years, count- 
ing from the date of the application, subject to the payment of the prescribed taxes and 
the proper working of the invention. Patents of Addition are granted for the unexpired 
term of the original patent and expire with it. 

Unpatentable. — Inventions, the use of which would be contrary to law, morality 
or public order ; inventions, the subject matter of which is a beverage, food or medicine, 
although in respect of the latter the processes or apparatus specially adapted for their 
manufacture, may form the subject of a patent. 

NoYelty, Effect of Prior Patent or Publication.— The application should be 
made before the invention is so well known in Norway that it can be made use of by 
other persons. Publications in print or the exhibition of the invention will not prevent, 
the obtaining of a valid patent, provided the application for the patent is made within 
six months thereafter. In case an application for a patent has been made in a foreign 
country, the application for the Norwegian patent may be made within seven months, 
from the date of such foreign application. 

Taxes. — Taxes are payable upon all patents (except Patents of Addition) in instal- 
ments, yearly in advance, counting from ihe date of the filing of the application. There 
is three months' grace for the making of these payments, but, in such case a fine must 
be paid which amounts to one-fifth part of the lax due and payable. The yearly taxea 
are as follows : — 10 kroner for the second year, 15 kroner for the third, and so on, in- 
creasing 5 kroner each year. There are no yearly taxes on Patents of Addition. 

Assig-nments. — The documents should be in duplicate, and should be drawn in ac- 
cordance with the laws of the country where the parties concerned are domiciled ; they 
must be legalized by a Norwegian Consul, and be duly registered at the Norwegian Pat- 
ent Office. 



60 NORWAY. ORANGE FREE STATE. 

Working". — A patent must be worked within three years from the date of its issue, 
and such working must not be entirely discontinued thereafter for a year at a time. The 
Commissioners of Patents do not require proof that the patent has been worked. In 
the case of machinery or apparatus, it is considered sufBcient to send one or more of the 
same to Norway, and have them exposed and advertised for sale. In case of a process, 
it should be carried into practice in the country. Proof of the working should be ob- 
tained each year. 

DOCUMENTS REQUIRED. 

(The documents required, for Patents of Addition are precisely the same.) 

1. Specification. — This mav be written or printed on any paper. All measures 
and weights should be indicated by the metric system, and temperature by the Centi- 
grade thermometer. No signatures are necessary. 

2. Draiviiigs in duplicate. — One of these must be made on strong white drawing 
paper; the other copy may be on tracing cloth. The sheets must measure exactly 33 centi- 
meters (13 inches) in height, by 21, 42, or 6 3 centimeters (8^, 1Q^, or 2i% inches) in 
width, with a single margin line drawn 2 centimeters (if inch) froni the edge. No sig- 
natures are necessary. 

3. Power of Attorney. — Signed by applicant, all names in full, 

"WTiere the applicant is not the inventor, an assignment or similar instrument must be for- 
-warded. This document must be legalized by a Xorwegian Consul. 



ORANGE FREE STATE. 



LAW AND PRACTICE. 

Who may Tbe Patentee. — The actual inventor. With the inventor may be associated 
another person, a firm, or corporation. Joint inventors may obtain a joint patent. If 
an inventor, having obtained provisional protection, dies before obtaining a complete 
patent, his legal representatives may apply for and obtain the same, provided they do so 
within three months from the decease of the inventor. When the owner of an inven- 
tion dies without having applied for a patent, his legal representatives may apply for 
and obtain a patent, provided they file the application within six months from the decease 
of the inventor. 

Patents, Kind and Term. — Provisional Protection may be obtained for a term of 
six months. Patents of Invention are granted for a term of fourteen years from the date 
of the filing of the application. In exceptional cases patents may be prolonged for a 
further period not to exceed fourteen years. In case a prior foreign patent exists, the 
patent will expire with the foreign patent if the term of the latter is less than fourteen 
years, and if there be more than one foreign patent, will expire with that patent having 
the shortest term. 

Unpatentable. — Inventions, the application of which the government may consider 
contrary to the laws, to the public safety and to good customs . inventions that have al- 
ready been patented abroad, where such patent has expired. 

Novelty, Effect of Prior Patent or Pnblication.— The application must be filed 
l)efore the invention has been published or been publicly used in the Orange Free State. 
Prior publication or prior patenting of the invention in other countries will not prevent 
the obtaining of a perfectly valid patent, provided the invention is new as to the Orange 
Free State at the time the application is filed. The exhibition of the invention at an in- 
ternational or industrial exhibition, or the publication of the invention while the exhibi- 
tion continues, or the use of the invention for making it known at the exhibition, or the 



ORANGE FREE STATE. PARAGUAY. 61 

use of the invention at some other place while the exhibition lasts, by another person not 
authorized by the inventor, will not invalidate the right of the inventor or his legal rep- 
resentatives to apply for provisional protection and to obtain a patent for the invention, 
provided due notice of the intention to make such exjiibit is given in writing to the At- 
torney- General before the exhibit is exposed, and the application for patent is filed within 
six months after the close of the exhibition. 

Taxes. — A tax of £5 is payable on or before the expiration of the third year of the 
life of the patent, counting from the date of the filing of the application, and £10 before 
the expiration of the seventh year. In case the applicant, through inadvertence, accident, 
or mistake, fails to pay a tax within the required time, a prolongation of the time for 
making payment can be obtained for a time not to exceed three months, upon making 
application, and paying a fine of £5. 

Assignments. — The documents should be in duplicate, signed by the assignor, and 
legalized by a Consul of the Orange Free State, and be accompanied by a Power of 
Attorney signed by the assignee, and legalized by a Consul of the Orange Free State, 
authorizing the recording of the assignment and the payment of the fees in connection 
therewith. 

Working.— There are no requirements. 

Special.— CO JfPfTZ^Oi? F LICENSES. If a person to whom the patentee refuses 
to grant a license, can prove the following facts to the satisfaction of the government : — 
(a) that the invention is not worked within the Orange Free State ; {b) that the inven- 
tion is not worked in such a manner as to satisfy the reasonable demand of the public ; (c) 
that a party cannot apply and turn to full account an invention to which he has a claim ; 
the government can then enjoin the patentee to grant licenses under such conditions as it 
may deem equitable, with due allowance for the nature of the invention and the circum- 
stances of the case. 

DOCUMENTS REQUIRED. 

1. Application. — Signed by applicant before a Notary Public, and legalized by a 
Consul of the Orange Free State. 

2. Specification in duplicate. — Signed by the applicant. 

3. Drawings in duplicate.— Signed by the applicant. 

4". Power of Attorney. — Signed by the applicant before a Notary Public and two 
witnesses, who mutt also sign, and legalized by a Consul of the Orange Free State. 

The applicant is required" to advertise the fact that he has made tne application in a form 
prescribed by law, once in the Gouvernements Courant, once in another newspaper printed in 
Bloemf ontein and twice in a newspaper published in or circulating' in the place where the appli- 
cant uses his invention and lives. Copies of the papers containing these advertisements must be 
produced before the patent will be granted. 



PARAGUAY, 



The cost varies considerably. We will, however, undertake to procure grants at a 
charge of $400 each, but we will have to ask for an additional remittance in case the 
cost exceeds this sum. This amount will be sufficient in most cases. 

DOCUMENTS REQUIRED. 

The same as for Chili. The power of attorney should be legalized by a Paraguayan 
Consul, 



62 PERSIA. PERU. 

PERSIA. 



There is no patent law in this country and the only manner in which inventions can 
be protected is by way of a special grant, a costly and uncertain procedure and of doubt- 
ful value. 



PERU. 



LAW AND PRACTICE. 

'Who may be Patentee. — The true and first inventor. 

Patents, Kind and Term.— Patents of Invention granted for a term of ten years, 
-counting from the date of the issue of the patent. Extensions can only be obtained by 
special legislative act. 

Unpatentable.— Pharmaceutical preparations, and remedies of every description ; 
^nancial schemes ; all operations to improve known industries the use of which is free 
both in and out of the Republic. 

Novelty, Effect of Prior Patent or Pnblication.—Article 14 of the law pro- 
vides as follows : "Any discovery, invention, or application, either in Peru or any for- 
eign country, that may exist, anterior to the date of application, and which shall have 
had sufficient publicity to have been put into use, will not be considered as new." It fol- 
lows, therefore, that the application should be filed before the publication, or the public 
use or knowledge of the invention in any country. 

Tbxes. — A tax of 100 Soks must be paid, yearly in advance, for each year of the life 
■of the patent. No prolongation of the time for making the payment can be ob- 
tained. A deposit usually amounting to 2,000 Peruvian Soles, is required to be made 
before the patent will issue, but the same may be withdrawn upon filing proof satisfac- 
tory to the Government that the invention is being practically worked within the 
Republic. 

Assignments. — Should be prepared in duplicate in the Spanish language, and 
should be executed before a Notary Public, and be legalized by a Peruvian Consul. The 
■consideration expressed should be nominal. 

>Vorking. — The invention must be worked in Peru within two years (the usual 
time), or within such other term as may be expressed in the patent, unless the cause of 
the delay can bo legally justified. The working must be actual and commercial, the 
manufacture being carried on in the 90untry. A deposit is exacted to insure such 
actual working. (See Taxes). 

^^ecisa.—lMPOBTATION OF PATENTED ARTICLES.— Article 15, Sections 
of the law, prohibits the importation of patented articles under pain of the forfeiture 
of the patent, with the exception of models of machinery, whose introduction shall be 
authorized after formal inspection by the Government. 



DOCUMENTS REQUIRED. 

1. Specification. — Written or printed on any suitable paper. No signatures 
required. 

2. Drawings in duplicate.— On draAving or tracing cloth, any suitable size. N"6 
signatures required. 



PERU. PORTUGAL. 63 

3. Power of Attorney.— Signed by applicant or applicants before a Notary 
Public, all names in full, and legalized by a Peruvian Consul. 



PORTUGAL. 



The patent covers Portug-al, and the Azores and Madeira Islaads. Separate patents are 
required for the Colonies. (See Portuguese Colonies.) 



LAW AND PRACTICE. 

Who may be Patentee. — Practically, any one. whether the inventor or not, or a 
firm or corporation, may apply for a patent ; but if the applicant is not the inventor, 
it would be well to obtain and keep the written consent of the latter, so that should any 
■question be raised at a future time, the patentee could produce proof that he obtained 
the Portuguese patent in his own name with the consent of the inventor. 

Patents, Kind and Term. — Patents of Invention granted for from one to fifteen 
years as elected by the applicant. In case of a patent granted for a less term than fifteen 
years, it may be prolonged to the maximum term, either in a single prolongation or by 
successive prolongations of one or more years each. Patents of Addition are granted 
for the unexpired term of the original patent and expire with it. In case a prior foreign 
patent exists, the Portuguese patent cannot be granted for a longer time than the unex- 
pired term of the foreign patent. The patent dates from the date of issue. 

Unpatentable. — Inventions or discoveries relating to unlawful industries or articles ; 
medicines ; articles of food ; simple changes in the form of an article already patented ; 
and ornaments. 

Novelty, Effect of Prior Patent or'Publication.— An invention can be patented, 
although it may already be patented or be in public use in another country, but the 
application should be made before the invention is known to the public, practically or 
theoretically, through any technical description divulged in home or foreign documents, 
or by any other means. 

Taxes.— There are none after the issue of the patent. The taxes and imports, pay- 
able upon application for patent, amount to 6 $ 020 reis for each year for which the 
patent is demanded, in addition to the invariable government fees of 31 $ 700 reis. 

Assig-nments.— Transfers or sales of Portuguese Patents can, under Article 627, of 
the Civil Code, only be legally effected by a Notarial deed drawn up in Portugal, and 
endorsed by the Patent Office upon the original Letters Patent. The usual way is for 
the assignor to give power to an attorney residing in Portugal to sell, and the assignee to 
give power to another attorney to accept the sale. Both attorneys then go before a 
Lisbon Notary who inscribes the proper deed in his books, and gives two official copies 
thereof, one of which is delivered to the purchaser, and the other is filed at the Patent 
■Office, the patent being handed in at the same time for endorsement. 

Tforking". — The invention must be worked within two years, counting from the 
date of the issue of the patent, and the working must not entirely cease thereafter for any 
two consecutive years. la the case of machinery or apparatus, it is considered sufficient 
to import one or more of the patented articles into Portugal, and there expose and adver- 
tise it or them for sale. Official proof of this working should be obtained. In case of a 
process, it should be carried into practice in Portugal and official proof thereof be ob- 
tained. 



64 PORTUGAL. PORTUGUESE C0L0:N'IES. 

DOCUMENTS REQUIRED. 

The documents required for Patents of Addition are precisely the same. 

1. Specification. — Written or printed on any paper. No signatures necessary. 

2. Drawings in duplicate. — On any material, tracing clotli preferred, and of any 
convenient size. No signatures required. 

3. Power of Attorney. — Signed by applicant before a Notary Public, and legal- 
ized by a Portuguese Consul. 



PORTUGUESE COLONIES. 



By a decree dated May 21, 1892, Patents of Invention and Patents of Introduction 
are accorded for all the Portuguese Colonies, namely: Angola, Cape Yerde, Mozam- 
bique, Portuguese Guiana, Portuguese India, Magao and Timor, and Saint Tliomas and 
Prince. A separate patent is required for each Colony. 

LAW AND PRACTICE. 

"Who may Be Patentee. — Patents are granted to the true inventor or his assigns, 
or to the first introducer of an invention within a colony. 

Patent?, Kind and Term. — Patents of Invention granted for from one to twenty 
years as elected by the applicant. In case of a patent granted for a less term than 
twenty j'^ears, it may be prolonged to the maximum term, either in a single prolongation 
or by successive prolongations of one or more j-^ears each. Patents of luiroauciiou 
granted for from one to twelve years as elected by the applicant. These may also be 
prolonged in the same manner as Patents of Invention. The patent dates from the date 
of ihe grant. Patents of Addition are also granted for the unexpired term of the orig- 
inal patent. 

Unpatentable.— The law provides that Patents of Introduction granted under the 
following circumstances, are null and void : 1. When the invention at the time of filing 
the application is ah-eady used in the colony. 2. If Letters Patent have already been 
gsanted fcr the same thing in the colony. 3. If the use or application of the invention 
is prejudicial to the public health or security. 4. If the patent fraudulently included 
something different from that which was applied for. 5. If the description of the in- 
vention and the use to which it is to be put have a different employment and application. 

Novelty, Effect of Prior Patent or Publication.— The invention must be new 
within the colony at the time the application is filed. There appears to be no other 
restriction. 

Taxes. — There are none after the issue of the patent. The taxes and imposts pay 
able for each year for which the patent is demanded amount to 6 $ 020 reis, in addition 
to the invariable government fees of 31 $ 700 reis payable upon application. 

Assignments. — The requirements are the same as for Portugal (which see). 

Working, — The invention must be worked within the colony, within two years 
from the date of the grant of the patent. In case of a Patent of Introduction the holder 
must prove, within this time, that the invention patented is properly put up, and in u^e, 
and being worked, or the patent will be declared forfeited. 

DOCUMENTS REQUIRED. 

The same as for Portugal, (which see). A separate application is required for each 
Colony. 



QUEENSLAND. 

QUEENSLAND. 



LAW AND PRACTICE. 

Who may be Patentee. — Tlie true aud first inventor; the inventor and an assignee 
or assignees, the assignee or assignees of an inventor; the inventor and a capitalist. 
Patents for communicated inventions can no longer be obtained. Joint inventors may ob- 
tain a joint patent. If a person having obtained provisional protection dies, the patent may- 
be granted to his legal representatives. And if a person possessed of an invention dies 
before filing his application, a patent may be obtained by his legal representatives, pro- 
vided the application is filed within six months of the decease of such inventor. 

Patents, Kind and Term. — Provisional Protection is granted for nine months 
from the date of the filing of the application. Patents of Invention are granted for 
fourteen years, dated from the date of the filing of the application, subject- to the pay- 
ment of the prescribed taxes. The term of a patent may, in exceptional cases, be 
extended for an additional term of from seven to fourteen years. 

Unpatentable. — The law is silent upon this point, 

Novelty, Effect of Prior Patent or Publication. — The application should be 
filed before any publication or public use of the invention in Queensland. Prior publi- 
cation or patenting of the invention in another country will not prevent the obtaining of 
a perfectly valid patent, provided the invention is new as to Queensland at the time the 
application is filed. The exhibition of the invention at an international or industrial 
exhibition, or the publication of the invention while the exhibition continues, or the use 
of the invention for the purpose of such exhibition in the place where the exhibition is 
held, or the use of the invention during the exhibition by any person elsewhere without 
the consent of the inventor, will not prejudice the right of the inventor or his legal rep- 
resentatives to apply for and obtain a patent, provided due notice of the intention to- 
exhibit is given to the Registrar before the opening of the exhibition, and that the appli- 
cation is filed within six months after such opening. 

Taxes. — Patents are granted subject to the payment of the following taxes ; £5 
before the expiration of the fourth year of the life of the patent, counting from the date 
of the filing of the specification, and £10 before the expiration of the eighth year ; or in 
lieu of the above, taxes may be paid in annnal installments, as follows : £1 before the 
expiration of each of the fourth, fifth, sixth atd seventh years ; £1. 10.0 before the 
expiration of each of the eighth and ninth years; and £2 before the expiration of each of 
the remaining four years. If the patentee, through inadvertence, accident or mistake, 
fails to pay any tax within the required time, an enlargement of time, not, however, to 
exceed three months, may be obtained for making the payment, the governraeut fees 
payaole being : If the enlargement does not exceed one month, £0.10.0 ; two months, 
£0.1t>.0 ; in excess of two months, £1.0.0. 

Assignments. — An assignment of a patent may be prepared upon any suitable 
material and of any size, and should be signed by the assignor and two witnesses. When 
forwarding same for registering the following must also be supplied, viz : (a) a request. 
to enter name in register, and (b) an examined copy of the assignment. All other 
documents containing, giving effect to, or being evidence of, transmission of patent or 
effecting its proprietorship (except such documents as are matters of record), must be 
produced to the Registrar. When a document is a matter of record an ofiicial or certified 
copy must be supplied. The Registrar now refuses to register an assignment unless the 
patent assigned, or partly assigned, is produced at the same time, so ihat he may endorse 
thereon a certificate of the assignment registered. Inasmuch as it is essential that these 
documents be in the exact form prescribed by the Registrar, and the requirements change 
from time to time, it will be well to write for and obtain fresh tVrms w^henever it is 
desired to record an assignment. 

f 
Worliing. — There are no requirements. 



66 QUEEXSLAXD. TJOUMAXIA. RUSSIA. 

S\yecial.—C03IPULS0R Y LICENSES.— If, on the petition of any person interested, 
it is proved to the Governor in Council that by reason of the default of a patentee to grant 
licenses on reasonable terms — (a) the patent is not being worked in the colony ; or (b) 
tlie reasonable requirements of the public with resi)ect to the invention cannot Ibe 
supplied ; or (c) any person is prevented from working or using to the best advantage 
an iavention of which he is possessed ; the Governor in Council may order the patentee 
to grant licenses on such terms as may be deemed just, having regard to the nature of 
the invention and the circumstances of the case. 

• DOCUMENTS REQUIRED. 

XoTE.— The Queensland Patent Office is esceodingly strict in its practice, and much delaj- 
and trouble is caused by the slightest deviation from the prescribed forms. 

All documents must be wi-itten or printed in legible characters in the English language, upon 
strong, wide-ruled paper (on one side only) of a size of thirteen inches In height by eight inches 
wide, leaving a margin of two inches on the left hand side. 

Erasures are not allowed unaer any circumstances, in any document. Collections must Oe 
effected by ruling a red line through the incorrect word orivords and icriting the correction above in 
fed ink. Each alteration must be initialed bij the person signing the document. Failure in obsei'v- 
ing any of these conditions insures the rejection of (he documents. 

1. Statement of Address. — Signed by Applicant or Applicants. 

2. Application ATitli Declaration. — The declaration forming part of the appli- 
cation must be a statutory declaration. When not made by all the applicants, the 
applicant making the declaration may sign the applicaiion on behalf of all the appli- 
cants. When the application extends over more than one sheet, each and every one 
^nust be signed by the applicant and b}' the person before whom the declaration is made. 

Statutory declai-ations may be under any Act which substitutes declarations in lieu of oaths, 
and which renders the person making 'a false declaration liable to punishment for perjury in the 
territory in which the declaration is made. The declaration may be made as follows : 

1. In any place in the British Dominions, before any Coux-t, Judge, or Justice of the Peace, or 
any person authorized to administer oaths there in any Court . 

2. In any place out of British Dominions, before a British Minister, or person exercising the 
ftmctions of a British Minister, or a British Consul, Vice-Consul, or other person exercising the 
functions of a British Consi.il, or a Xotary Public, or before a Judge or Magistrate. 

3. Provisional or Complete Speeiftcatiou in duplicate. —Both copies signed by 
applicant or applicants. 

4. Drawings in duplicate. — j^either copy should be signed. They must be 
made on half sheets or sheets of Imperial drawing paper, or smooth, white bristol board, 
of a size of 18 inches high by 30 wide, or 13 inches high by 28 wide, with a single margin 
line all aiouud half-inch from the edge. 



ROUMANIA. 



There is as yet no patent law in this country, and while it is possible that special 
Legislative grants, having the same force as a patent, may be obtained, we are not aware 
that any have been granted up to the present time. We are informed that the govern- 
ment has a projected^patent law under consideration, and that some legislation upon the 
subiect will be made soon. 



RUSSIA. 



The patent covers the entire Russian Empire, including Russia, Poland, Siberia and 
the Caucasus. 



KUSSIA. ■ G7 

LAW AND PRACTICE. 



Who may be Patentee. — 'Any person, a firm or corporation. The patentee may be 
tlie actual inventor or his assignee. Joint inventors are entitled to a joint patent. The 
proprietor of an invention, though not the inventor, or formal assignee, may generally 
obtain a valid patent of invention. The mere importer of an invention may obtaiu a 
valid patent of importation, but not a strictly valid patent of invention; yet patents thus 
obtained can be contested by the inventor only. 

Patents, Kind and Term. — Patents of Invention are granted for either three, five 
or ten years, as elected by the applicant. A Patent of Importation is granted for one, two, 
three, four, five or six years, subject to the expiration of any prior foreign patent. A 
patent cannot be extended after its issue, but where an inventor has applied for a short 
term patent, and desires to enlarge its duration, the change in the term can usually be 
effected at any time within about six mouths after the filing of the application, by pay- 
ing the difference in the cost, and an agency fee of $5.00 in addition. The term of a 
patent commences from the date of issue, but protection is afforded from the date the 
application is filed. A Caveat may be filed by an inventor who intemis to make appli- 
cation for a patent, but in case a Caveat is filed the application must be lodged before 
the expiration of three montlis from the day upon which the Caveat was filed. 

Unpatentable. — (a) Fundamental or elementary principles, without their applica- 
tion or combination producfS some new results in the arts, presenting a special and new 
apparatus, {b) Trifling or unimportant discoveries, inventions or improvements indica- 
tive only of inventive genius, without offering any real advantages or utility, (c) Dis- 
coveries, inventions or improvements that may become dangerous to society or detri- 
mental to the government revenues, (d) Medicines, although patents m ay be granted 
for cosmetics if reported to be harmless by the medical board, (e) Discoveries, inven- 
tions, oi improvements relating to munitions of war, as, for instance, guns, projectiles, 
and other materials required for artillery, armor plates, torpedoes, gunpowder maga- 
.zines, revolving turrets, etc., use of which can only be made by the government. 

Articles which, although used by armies, may also be used by private persons, such 
as hand fire-arms, metallic cartridges, bullets, and other appurtenances of such arms, are 
capable of being patented ; the grant still remaining subject to the rights of the Army 
and Navy Departments to use the inventions or improvements freely and without com- 
pensation. Although the government does not grant patents for improvements in muni- 
tions of war, the Army and Navy Departments are empowered to acquire, by purchase 
or gift, the beuvifit of any inventions relating to these improvements. 

Noyelty, Eifect of Prior Patent or Publication.— The application should be 
■made before the invention has been publicly worked in Russia. Prior patents, or publi- 
cation of the invention in any other country will not prevent the obtaining of a perfectly 
Talid patent, provided tlie application is filed before the public use and exercise of the 
invention within the Empire of Russia. 

Taxes. — There are none after the issue of the patent. 

Assignments.— The documents should be prepared in duplicate, and may be in any 
form, and in the language of the country in which the assignment is made. After execu- 
tion, the assignment must be legalized by a Russian Consul, who must state that the 
transfer has been made according to the laws of the country in which it is executed. The 
assignment must be accompanied by a power of attorney, 'legalized by a Russian Consul, 
authorizing the execution of all legal formalities, in onier to legalize the deed in Russia. 
There is no prescribed form for this power. The consideration expressed should be 
nominal. 

Working.— The patentee is obliged to put the invention into practice or execution 
within the Empire, during the first quarter of the term for which the patent is granted, 
and within six months thereafter to present to the Department of the Ministry, from 
which the patent was issued, a certificate from the local authorities to the effect that the 
invention has been put into practical use. In case of machinery or apparatus, it is con- 
^sidered sufficient to import one or more of the same and put it or them into operation. 
In the case of a process, it should be carried into practice in Russia. One working is 
sufficient to keep the patent in force during its entire term. 



«3 RUSSIA. ST. HELENA. 

DOCUMENTS REQUIRED. 

1. Speciflcatioii iu duplicate.— These maybe written or printed in any form and 
on any paper. It is not necessary iliat the applicant should sign the specifications. 

2. Drawing's iu duplicate. — These may be made on sheets of drawing board or 
tracing cloth of any convenient size. Drawings of agricultural implements mus-t be 
made to a scale, and the scale indicated on the drawmgs. The drawings are not to 
be signed. 

3. Power of Attorney. — Signed by the applicant, before a, Notary Piil)lic, and 
legalized by a Russian Consul. 

NOTE. — Wlien tbe application is made bv an assignee, an assignment, ]es;alized by a Russian 
Consul, should be provided. There is n ) special foTu prescribed : it will be sufficient to state h\ it ihat 
the inventor gived permission to ihe assignee to take out the Russia a patent m his own (the assi^'nee's) 
name. '^ 



DOCUMENTS REQUIRED FOR CAVEAT. 

A caveat consists of a single document containing the name, address and occupation 
of the inventor, and an abridged specification of the invention, accompanied by draw- 
ings on tracing cloth, where the nature of the invention admits of them. The inventor 
should sign the document. No power of attorney i3 necessary. 

Note.— The application for patent must bs filed he/ore Pie expiration of three montTis from the 
day of lodging the caveat. 



ST. -HELENA, 



LAW AND PRACTICE. 

Who may be Patentee. — The grantee of a British patent, his executors, administra- 
tors or assigns. The application may be made at any time during the existence of the 
British patent. 

Patents, Kind and Term. — The patent is granted for the unexpired residue of the 
terva. of the British patent upon which it based, including any extensions, and expires 
with it. 

Unpatentable. — Any invention the subject of Letters Patent in Great Britain may 
be patented in St. Helena. 

Novelty, Effect of Prior Patent or Publication. — A patent may be obtained at 
any time during the life of a British patent for the same invention, without regard to prior 
patenting, or publication of the invention in other countries. 

Taxes. — There are none after the issue of the patent. 

Assignments. — Should follow the usual British form. The documents should be in 
duplicate. 

Working. — There are no requirements. 



ST. HELENA. ST. LUCIA. ST. VINCENT. SAMOA. SAN DOMINGO. 69 
DOCUMENTS REQUIRED. 

1. Certified copy of British patent and specification, 

2. Petition. — Signed by applicant. 

3. Declaration. — Signed by applicant. 

4. Power of Attorney. — Signed by applicant. 



ST. LUC1A(WEST INDIES; 



There is as yet no patent law in this country. The government will, however, grutit 
protection for inventions by w^ay of special Legislative Act, provided the inventioit is 
likely to prove of practical utility in the country. 

DOCUMENTS REQUIRED. 

The same as for the Bahama Islands. The Power of Attorney must be legalized 
by a British Consul. 



ST. VINCENT (WEST INDIES). 



At the date of our latest advice there was no patent law in this country. The 
government will, however, grant protection for inventions by way of special Legisla- 
tive Act, provided the invention is likely to prove of practical utility in the country. 

DOCUMENTS REQUIRED. 

The same as for the Bahama Islands. The Power of Attorney should be legalized 
by a British Consul. 



SAMOA. 



There is as yet no patent law. It is probable that the government would giv6 pro* 
lection for inventions by way of special grants 



SAN DOMINGO. 



There is as yet no patent law in this country. The government will, however, grant 
protection for inventions by way of special Legislative Act, upon application to the 
Executive through the Corresponding Secretary of State, provided the invention is 
likely to prove of practical utility in the country. The Dominican Government is dis- 
posed to be liberal in its grants; the termot some of which has been fixed as high as fifty 
years. 

DOCUMENTS REQUIRED. 

The same as for Chili. The Power of Attorney should be legalized by a Dominican 
^Consul. 



?0 SAN SALVADOR. SERVIA. SIAM. SIERRA LEONE. TRANSVAAL. 

SAN SALVADOR. 



r.rnt^^^^''^ J^ ^- ^^^ "l^ P^*!''* ^^"^ '''.*^"' country. The o-overnment will, however ^rant 
protection for inventions by way of special Legislative Act, provided the invention^ 
likely toj3rove of practical utility in the country. iu^t.aiuu, ib 

DOCUMENTS REQUIRED. 

San Salvado/ ^^ ^*^'' ^^'^'' '^^^^ '^°'^^'" °^ ^"^^^y should be legalized by a Consul of 



SERVIA. 



Servia ii a member of 1 ho International Union for the Protection of Industrial 
Property, but up to the date of our latest advices had passed no patent law. A pro- 
posed law was submitted to the legislature a few years ago, but it failed to pass. We 
are informed that the government is giving the matter renewed consideration, and it is 
expected that a law will be passed in the near future. 



SIAM. 



There is as yet no special law upon the subject of patents in this country, and we 
know of no way in which inventions can be protected there at the present time. 



SIERRA LEONE. 



There is as yet no patent law in this British Colony. The government will, how^ 
ever, undoubtedly grant protection for inventions by way of special Legislative Act. 
provided the invention is likely to prove of practical utility in the country. 

DOCUMENTS REQUIRED. 

The same as for the Gold Coast Colony, which see. 



SOUTH AFRICAN REPUBLIC (TRANSVAAL). 

LAW AND PRACTICE. 

Who may be Patentee.— The actual inventor. Corporations and firms have the 
same right, but the inventor must be one of the members, and as such be pointed out in 



SOUTH AFRICAN REPUBLIC (TRANSVAAL). 71 

the application. Joint inventors may obtain a joint patent. When an inventor, having 
obtained provisional protection dies before completing his application, his legal repre- 
sentatives may obtain the patent, provided they proceed to do so within three months 
after his decease. Whenever anyone in possession of an invention dies before having 
filed his application, his legal representatives may obtain the patent, provided they make 
their application within six months after the decease of the inventor. 

Patents, Kiiiil and Term. — Provisional Protection may be obtained for a term of 
six months. Patents of Invention are granted for fourteen years, counting from the date 
of the tiling of the application in the Offlce of the Attorney-Grcneral, subject to the payment 
of the prescribed taxes. In case of a prior foreign patent, the patent will expire with the 
foreign patent if its term is the shorter, and if there be more than one prior foreign 
patent, it will lapse with the expiration of the first one of them. 

Unpatentable. — Inventions, he application' of which is contrary to law, good 
morals or order, and inventions for which foreign patents have been granted that have 
already expired. 

Novelty, Effect of Prior Patent or Publication.— The application must be filed 
before any publication or public use of the invention in the South African Republic. 
Prior publication or patenting of the invention in any other country will not prevent the 
obtaining of a perfectly valid patent provided the invention is new in the South African 
Republic at the time the application is filed. The showing of an invention in an inter- 
national or industrial exhibition, or the working or making known of an invention at 
such an exhibition, or at some other locality by anyone not authorized to do so by the 
inventor, does not prejudice the rights of the inventor or his legal representatives to 
obtain a patent, provided that due notice of the intention to exhibit is given to the 
Attorney-General, and the application is filed within six months after the opening of the 
exhibition. 

Taxes. — A tax of £5 must be paid on or before the expiration of the third year of 
the life of the patent, counting from the date of the filing of the apphcation, and £10 
before the expiration of the seventh year. If the patentee, through inadvertence, accident 
or mistake, fail to pay a fee within the prescribed time, an extens'ion of time, not to exceed 
three months at most, can be obtained for making the payment, upon payment of a 
fine of £5. 

Assig'nments. — Should be prepared in duplicate, and be legalized by a Consul of 
the South African Republic. 

Working. — There are no requirements. 

Hveaial.— COMPULSORY LICENSES. When it is proved to the satisfaction of 
the Government that in consequence of the refusal of a patentee to grant licenses on rea- 
sonable terms ; (a) that the patent-right is not being made use of in the State ; (b) that the 
ordinary demand for the patented article cannot be supplied ; (c) that anyone is pre- 
vented from making use of and deriving the full benefit of an invention in his possession; 
then, the Government may order the patentee to grant licenses upon such terms as may 
appear reasonable, and the conditions of the case may require. 

DOCUMENTS REQUIRED. 

1. Application. — Signed by the inventor, and legalized by a Consul of the South 
African Republic. 

2. Specification in diiitlicate. — Signed by the inventor. 

3. Drawings in duplicate.— Upon bristol board or tracing cloth. No signatures, 

4. Power of Attorney. — Signed by the inventor and two witnesses, and legalized 
by a Consul of the South African Repubiic. 

We can obtain the legalization here, when desired, at a cost of $5.00 for each legalization. 

_ 5. Before the patent is issued, but after the filing of the application, the appli- 
cation must be advertised, and copies of the papers containing such advertisement be 
supplied. 



7-3 SOUTH AUSTRALIA.. 

SOUTH AUSTRALIA. 

LAW AND PRACTICE, 

Who may T)e Patentee. — The true and first inventor, or his assignee, legatee^ oi* 

\ executor It is believed that the words, "true and first inventor " include, as in the 

other Colonies and Great Britain, the true and first importer, but the local authorities are 

in doubt upon this point. Patents may be obtained for communicated inventions as in 

England. Joint inventors may obtain a joint patent. 

Patents, Kind and Term. — Provisional Protection is granted for a term of twelve 
months. Patents of Invention are granted for fourteen years, counting from the date of 
the filing of the application, subject to the paj'ment of the prescribed taxes. An extension 
of tlie term for an additional term of seven years may be obtained in exceptional cases. 
Iq case of prior foreign patents, the patent will expire with the first expiring foreign 
patent. Caveats may be tiled by intending applicants for patents and remain in force for 
one year. 

Unpatentable. — Inventions which have been patented abroad, when such patent has 
already expired before the patent is granted in South Australia. 

Norelty, Eifect of Prior Patent or Pnblication.— The application must be filed 
before the invention has been publicly used or offered for sale in South Australia. Prior 
publication or patenting in other countries will not prevent the obtaining of a perfectly 
valid patent so long aUhe invention is new as to South Australia at the time the applica- 
tion is filed. The mere fact of an inventor having exhibited or tested his invention 
■either publicly or privately is not in itself any ground for refusing him a patent, and will 
not justify any other person in using the invention, provided that such exhibiting has 
been made within six months of the date of the application for patent. 

Taxes. — A tax of £2.10.0 is due before the expiration of the third year of the life of 
the patent counting from the date of the filing of the apphcation, aud a further tax of 
£3 10. before the expiration of the seventh year. Xo prolongation of the time for making 
payment can be obtained. 

Assig-nments. — These should be in duplicate, and both copies must be endorsel as 
follows: " Certified correct for the purposes of the South Australian Patent Act, 1877." 
This certificate must be signed by the principal party to the d^ed — say the assignee. If 
not so endorsed, an extra charge of $5 is incurred to pay a local solicitor or agent to give 
such a certificate. Assignments must be registered within six months after their date. 
Under the "Stamp Act, 1886," assignments of patents must pay an ad valorem duty of 
5 shillings per £100, or fractional pare of £100, of consideration money. If the consid- 
eration is nominal, the duty is £1 ($5 OU). It will, therefore, be best to state the consid- 
eration at from £5 to £100, as in such case the consideration wil only amount to 5 shil- 
lings. 

Working. — The law provides that a patent may be revoked after three years from 
its date, if the patented invention hac> not been "used to a reasonable extent for the public 
benefit." As a matter of fact thi'S provision has never been put into operation, and it is 
almost certain that the Law Officers would never allow any proceedings to be taken 
under this section without first calling upon the patentee, either to work the invention 
himself, or to allow it to be worked bv others. 



DOCUMENTS REQUIRED. 

1. Petition. — Signed by applicant. This should be written on legal cap briefwise, 
and d'jes not require to be witnessed. 

2. Declaration. — Signed by applicant. Should be written on legal cap briefwise, 
and may be made before a--^ competent person, such as a Justice of the Peace, Notary 



SOUTH AUSTRALIA. SPAIN, 73 

Public, &c., but need not be statutory. If the applicant be the assignee there must be 
two declarations and a short assignment. 

3. Specificntioii in duplicate. Should be written on legal cap briefwise, and 
must be signed by the inventor himself, or under Power of Attorney from him, and 
must be attested by two witnesses, who must specify where and when it was signed. 

4. Drawing's in dnplicale. May be on any material and must be executed by 
the inventor (or his attorney) and attested by two witnesses, exactly the same as the 
specifications. 

5. Appointment of A sent or Power of Attorney. Signed by applicant. Should 
be written on legal cap briefwise. 

6. If the Applicant is the Assignee, a certified copy of the assignment or a short 
assignment. 

DOCUMENTS REQUIRED. (PROVISIONAL PROTECTION.) 

1. Petiiion. Signed by applicant. 

2. Specification. One copy. Signed by applicant and two witnesses. 

3. Appointment of Ag'ent. Signed by applicant. The form is the same as f.)r 
Letters Patent. 



SPAIN 



LAW AND PRACTICE. 

Who may be Patentee. — Any person, whether the inventor or not, a firm or cor- 
poration. 

Patents, Kind and Term.— There are three kinds of Patents : Patents of Inven- 
tion ; Patents of Importation, and Patents of Addition. Patents of Invention are 
granted for twenty years if applied for by the inveotor before the invention has become 
publicly known in Spain or elsewhere. If, at the time of the application in Spain, the 
invention — although not known in that country— has been already patented abroad, the 
inventor may obtain a patent for ten years, provided his application be made in Spain 
within two years of the date of the prior foreign patent ; should more than two years 
have elapsed, the term will be for five years only. If the applicant is the importer the 
term is limited to five years. In all cases the duration of the patent is subject to the 
pMvment of the prescribed taxes and proper workinii,- of the invention. Patents of Ad- 
dition are granted for the unexpired term of the original patent and expire with it. 

Unpatentable.— (1) The result or product of machines, apparatus, instruments, pro- 
cesses, or operations, the working of which will not tend to establish a new industry in 
the country. (2) The use of natural products. (3) Scientific principles or discoveries, 
so far as they are of a mere speculative nature, and are not likely to be applicable to 
machinery, apparatus, instruments, processes, or mechanical or chemical operations of a 
practical industrial nature. (4) Pharmaceutical or medical preparations of all sorts. 
(5) Schemes or combinations of credit or finance. 

NoTelty, Eifect of Prior Patent or Publication. — The application should be filed 
before the invention has been established or executed in the same way or form withm the 
Spanish Dominions. Prior publication, or patenting of the invention in another country 
will not prevent the obtaining of a perfectly valid patent, but the term of the patent will 
be shortened thereby. (See remarks under heading " Patents, Kind and Term,") 

Taxes. — AM patents (except Patents of Addition) are granted subject to the payment 
of annual taxes, which must be paid yearly in advance, counting from the date of the 
issue of the patent. The taxes amount to 10 pesetas for the first year, 20 pesetas for the 



74 SPATX. STRAITS SETTLEMENTS. 

second year, 30 pesetas for the third year, and so on, increasing 10 pesetas each year. 
There is no grace for the payment of taxes, and no prolongation of the time for making 
payment can be obtained. There are no taxes upon a Patent of Addition after its issue. 

Assignments. — The law requires that all assignments must be made before a 
Notary Public ; the signatures must then be legalized b}^ u Spanish Consul, and the 
instalment recorded in the Spanish Patent Office. The usual practice is for the assignor 
and assignee to join in giving a power of atlorne}^ to au agent in Madrid, authorizing 
him to make and record the ass-ignment. 

Working". — The invention must be worked in Spain within two years of the date of 
the issue of The patent, and the working must not entirely cease thereafter for the space 
of one year and a day at any one time. The patented article should be actually manu- 
factured in Spain or in a Spanish colony. The mere importation and running of a 
machine is not suflicient. Inventions covered by Patents of Addition must be worked 
also. The owners of patents are required to prove the working before the Director of 
the Conservatory of Arts. 

In ordering the working of Spanish patents ample time (from three to six months) 
should be given, prior to the date at which the time expires, so that sufficient time is 
allowed to arrange with a manufacturer at Madrid or elsewhere to undertake and com- 
plete the manufacture. 

^\)eQial.— COLONIES. — The Spanish patent covers all the colonies; but before any 
legal formalities in connection with a patent, such as prosecution for infringement, 
transfer of rights, etc., can take place in the colonies, the patent must be officially 
registered at the Colonial Department in Madrid. This can be done at any time during^ 
the life of the patent. 

DOCUMENTS REQUIRED. 

1. Specification. — Written or printed on any paper. No signatures required. 

2. Drawing:s in duplicate.— On thin tracing cloth that will not permit of eras- 
ure, any convenient size. JSo signatures required. 

3. Power of Attorney. — Signed by the applicant or applicants ; all names in full. 
No witnesses nor leffalization necessary. 



STRAITS SETTLEMENTS. 



The patent covers Malacca, Penang, Singapore, and the Province TTellesley. 
LAW AND PRACTICE. 



Who may be Patentee. — The actual inventor, his heirs, executors, administrators 
and assigns; the first importer, or the holder of a British patent, or patent granted in any 
British Possession. 

Patents. Kind and Term. — Patents of Invention (or Importation), granted for the 
term of fourteen years from the date of the filing of the specification. Provision is made 
for the extension of the term of a patent for such further term, not to exceed fourteen, 
years, as the Governor in Council may see fit to direct. In case a prior patent for the 
same invention has been obtained in Great Britain, or in any British Possession, the 
patent will be granted for the unexpired term of such prior patent, and will expire 
therewith. 



STRAITS SETTLEMENTS. SWEDEN. 75 

Unpatentable. — Section 4, of the law provides that no person shall be entitled to 
any exclusive privilege under the ordinance; if the invention is of no utility, or, if the 
invention, at the tim ; of presenting the petition for leave to file the specitication, was not 
a new invention within the meaning of the ordinance; or, if the petitioner is not the in- 
ventor thereof; or, if the specitication filed, or the amended specification (if any), doe» 
not particularly describ^i and ascertain the nature of the invention, and in what manner 
the same is to be carried out, with the particulars required by section 11 of this ordinance; 
or, if the original or any subsequent petition relating to the invention, or the original or 
any amended specification, contain a willful or fraudulent misstatement. , 

Novelty, Eifect of Prior Patent or Publication — The application must be filed 
before ihe invention has been publicly used in Great Britain, in the Colony, or in any 
other British Possession. Public use of tlie invention in fraud of the inventor, or if the 
knowledge thereof shall have been obtained surreptitiously, or in fraud of the inventor, 
or shall have been communicated to the public in fraud of the inventor, or in breach of 
confidence, will not be deemed a public use of the invention within the meaning of the 
ordinance, provided that the inventor shall, within six months after the commencement 
of such pubUc use, apply for leave to file his specification, and shall not previously have 
acquiesced in such public use. It-is also provided that the use of an invention in public 
by the inventor thereof, or by his servants or agents, or by any other person by his- 
li cense in writing, shall not be deemed a public use thereof, within the meaning of the 
ordinance. 

Taxes. — There are none after the issue of the patent. 

Assignments. — Should be prepared in duplicate. Any suitable form may be used. 

Working. — There are no requirements. 

DOCUMENTS REQUIRED. 

1. Petition.— Signed by applicant. 

2. Declaration to Accompany Petition. — Signed by applicant. 

3. Specification in duplicate. — Signed by applicant. 

4. JDeclaration to Accompany Specification.— Signed by applicant. 

5. Drawings in duplicate. — On drawing board or tracing cloth, any suitable size. 
No signatures. 

6. Power of Attorney.— Signed by applicant. 

7. Blue Book of British Patent, if any exist. 

SWEDEN. 



LAW AND PRACTICE. 

Who may he Patentee. — An actual inventor or his duljr accredited representative. 
When several persons apply for a patent on the same invention, the preference will be 
given to the person whose application was filed the earliest. 

Patents, Kind and Term. — Patents of Invention granted for fifteen years, subject 
to the payment of the prescribed taxes, and proper working of the invention. Patents of 
Addition granted for the unexpired term of the original patent upon which it is based, 
and expiring therewith. 



76 SWEDEN. 

Unxiatentable.. — Inventions, the working of whicli would be contrary to law or 
morals. With regard to inventions relating, to provisions or medicines, patents will not 
be granted for the commodity itself, but only for special methods for its manufacture 

Novelty, Effect of Prior Patent or Publication. — An invention is not considered 
as new, if it has, prior to filing the application for a patent with the patent authorities, 
been described in any published journal, or is so openly worked that any person con- 
versant with the subject may, guided by the information thus gained, Avorkthe invention, 
or if the object of the invention does not essentially differ from products or methods of 
manufacture which have before become known in such a way. The publication of the 
invention by foreign patent authorities, or the exhibition of the invention in an inter- 
national exhibition will not prevent the grant of the patent, provided the application is 
filed within six months from me ciay of such publication, or the day the exhibition was 
opened. In case an a.iphcaiion for patent has been previously filed in a foreign country, 
the application for the Swedifju patent may be made within seven months from the day 
such foreign application vv^as filed, even if the invention has received publication in the 
intervening time. 

Taxf»s. — All patents (except Patents of Addition) are granted subject to the payment 
of annual taxes, payable yearly in advance, counting fiom the date of the tiling <-£ the aj)- 
plicaiion. Ninety days' grace is allowed within which the payment may be made, but 
in such case a fine amounting to one-fifth of the tax then due must be paid in addition 
to such tax. The taxes aie as follows : 20 crowns for the first year; 25 crowns each for 
the second, third, fourth and fifth 3'ears ; 50 crowns for each of the following five 
years ; and 75 crowns for each of the remaining five years. There are no taxes upon 
Patents of Addition after their issue. 

Assignments.— To record an assignment we require : (1) a deed of assignment 
signed by the assignor, and legalized by a Swedish Consul ; (2) an acceptance of the 
assignment, signed bv the assignee. Both of the above may be prepared in one docu- 
ment. 



Working. — The invention should be worked within three years from the date of the 
grant of the patent, and the working should not be discontinued thereafter for as long as 
a year at a time. The time for working may sometimes be extended to four years, and, 
in exceptional cases, it rests with the patent authorities to prescribe conditions, by com- 
plying with which the patentee is considered to have fulfilled the conditions of working. 
It'is considered sufficient to import one or more of the patented articles into Sweden, in 
case of machinery or apparatus, and to expose and advertise the same for sale. In case 
of a process, it should be carried into practice in Sweden. 

DOCUMENTS REQUIRED. 

The documents for Patents of Addition are precisely the same. 

1. Specification. — Written or printed on any paper. No signatures necessary. • 
Measures and weights should be given according to the metrical system; the degrees 
of heat, according to the Celsius' (Centigrade) thermometer; the density should be indi- 
cated as specific weight, and in the casii of chemical processes the new atomic weights ' 
and the molecular formulas are to be used. 

2. Drawings in duplicate. — One copy is to be made on smooth, white, thick 
drawing board, and the oiher copy on tracing cloth. Any number of sheets may be 
used. The sheets must measure exactly 3-3 centimetres (13 inches) in height, b}" 21, 42 or i 
63 centmetres ( 8^ 16^or 24:% inches) wide. A single marginal line must be drawn ex- 
actly two centimetres (^ inch) from the edge of the sheet. No signatures are necessary. 

3. Power of Attorney. — Signed by the applicant; all names in full. No witnesses 
nor legalization required. 

Note.— If the apphcant is not the inventor, an assignment or similar instrument must be for- 
warded, showing that the applicant is authorized to make the application in his own name. This 
document must be legalized by a Swedish Consul. 



SWITZERLAND. 

SWITZERLAND. 



LAW AND PRACTICE, 

Who may be Patentee. — Only the true inventor or his lawful successors are 
entitled to claim a patent. 

Patents, Kind and Term. — Provisional Patents are granted for a term of three 
years from the date of the filing of the application. They secure priority, but no pro- 
tection against infringements, which can only be obtained by a Definitive Patent, It is 
not necessary to prove the existence of the object for which the patent is asked, or of a 
model of the same to secure a Provisional Patent, Definitive Patents are only granted 
when it is proven that the olject itself, for which the patent is demanded, or a model 
thereof, is in existence, and are granted for a term or fifteen years, subject to the pay- 
ment of the prescribed taxes and the proper working of thainvention. Patents are 
dated as of the day and hour upon which the complete papers are filed in the Federal 
Bureau, or posted in a post-office in Switzerland. If the papers sent are incomplete or 
require amendment, the patent bears the date of the day upon which the corrected 
papers are filed. Patents of Addition are granted for the unexpired term of the original 
patent upon which they are based, and expire therewith. They are only granted when 
the existence of the object for which the patent is asked, or of a model of the same, is 
proven. 

UnpatentaT>le. — Patents are granted for such inventions only, as "may be realized 
in trade," and if they can be represented in models ; methods and processes ci.nnot be 
patented. Only one invention can be claimed in a single application ; a machine and its 
product cannot be covered by the same patent. 

Novelty, Effect of Prior Patent or Pnlblication.— To obtain a valid patent the 
invention must be new as to Switzerland at the time the application therefor is filed. An 
invention is not considered as new, if at the time the application is filed, it is so well 
known in Switzerland that its employment is possible by any one skilled in the trade to 
which it relates, Switzerland is a member of the International Union for the protection of 
industrial property, and citizens or subjects of other countries which belong to the Union 
may file their applications in Switzerland at any time within seven months from the dates 
upon which they filed their applications in their own country, without the validity of their 
patents being endangered by the publication of the invention or the applications of third 
parties, ^ Provision is also made for the protection of inventions exhibited in national or 
international exhibitions in Switzerland, the inventor being allowed to file his application 
at any time within six months from the day of admission of the articles to the exhibition. 

Taxes. — All Patents (except Patents of Addition) are granted subject to the payment 
of annual taxes, payable in advance, counting from the date of the filing of the applica- 
tion. Three months' grace is allowed for making payment, and without fine, No 
further prolongation of time can be obtained. The tax amounts to 20 francs for the 
first year, 30 francs for the second, and so on increasing 10 francs, each year. No taxes 
are payable on Patents of Addition after their issue. 

Assignments. — The documents should be in duplicate and must be legalized by a 
Swiss Consul, 

Workiiifr. — Art. 9 of the law provides that a patent expires when the invention has 
not been carried into effect before the expiration of the third year from the date of the 
application. In the absence of decisions upon this point it is impossible to state what the 
exact requirements as to working will be. It is thought, however, that the practice 
will be the same as in Germany, 

Special. — MODELS. — The permanent deposit of models is obligatory : 

a. For inventions concerning the movements or the cases of watches; 

b. For inventions in the line of portable fire-arms; 

c. For inventions in which the object invented is composed in whole or in part of 
substances or combinations of substances which it is difficult to determine. 

d. The model should be forwarded for filing with the application to which it 
relates. 



78 SWITZERLAND. 

PROVING THE EXISTENCE OF MACHINE OR MODEL.— The law re- 
quires that an invention to be patentable must be capable of beiug illustrated iu a model, 
and a Definitive Patent will not be granted, nor will a Provisional Patent be changed into 
a Definitive Patent, until the existence of the article itself, or of a model representing the 
same, be proven. If it is impracticable, or too expensive, to send the article itself, or 
to construct a model thereof, it will be sufficient to send photographs of the article, but 
it is necessary that such photographs shall show clearly, and give plain proof of the 
existence of each and . every part of the invention described and claimed. Exterior 
views of casings, such as boilei shells, retorts, filters, etc., which inclose parts which 
are 1 he subject of claims, are not suflacient. -Such parts must be photographed, set a- 
rately if necessary. When photographs are relied upon to show the existence of a 
model, it is exceedingly important to see to it4;hat they clearly prove the existence of 
every part of the invention, as. if ihese proofs are insufficient, the patent may become 
forfeited by reason thereof. Photographs irvst Mtlier be sent unmounted, or mounted 
upon thin cardboard measuring 21 centimeters (8^ inches) wide, and 33 centimeters (13 
inches) in height, or they must be capable of b.iing folded into this size. The working 
of an invention in Switzerland is considered equivalent to the production of a model. 

MARKING PATENTED ARTICLES.— ^very \)YOVrietor of a Definitive Patent 
must mark all articles made according to the same, which ar*^ to be exposed or sold in 
Switzerland, in a conspicuous place with the Federal Cross (f^-") and the number of the 
patent. If this mark cannot be affixed upon the article itself, it must be represented 
upon the wrappers containing such articles. 



DOCUMENTS REQUIRED. 

1. One Copy vOf the Specificatiou. — Written or printed on any paper of any size 
1!n[6 signatures required. 

2. Drawing's in duplicate. — One copy to be on smooth, white, bristol board and 
the other on tracing cloth. The sheets must measure exactly 33 centimetres (13 inches) 
in height, by either 21, 42 or 63 centimetres (8]^, 163^ or 24^ inches) wide, with a single 
marginal line all around, one-half an inch from the edge of the sheet. No signatures 
necessary. It should be noted that the Swiss office is exceedingly particular in the mat- 
ter of drawings, and unless the following requirements are followed in every particular, 
it is almost certain that the drawings will be rejected. (1) All reference letters and num- 
bers must be made plainly and not less than % inch in size. (2) There must be no 
writing upon the drawings except the reference letters and numbers. (3) The ink used 
must be deep black, and the lines clean and sharp. (4) The largest sized sheet must 
never be used except in cases where the whole of a view cannot be put upon a sheet of a 
smaller size. (5) A second sheet must not be used until the whole of the space upon the 
first sheet which can be used for drawing purposes is entirely used. (6) Where one sheet 
of the smallest size is sufficient, the drawing should be made upon the largest possible 
scale. (7) In other cases great care must be exercised in deciding upon the size of the 
sheet to be employed. The Patent Office demands that all the working space of one sheet 
be used before another sheet is taken, and that as few sheets be used as is practicable for 
the full illustration of the invention. Therefore the following rule should be followed: 
If the drawing space required is equal to that of two sheets of tho smallest size, use ong^ 
sheet of the middle size for the drawing. If the space required is equal to three small 
sheets, use one sheet of the middle size and one small sheet. If equal to four small 
sheets, use two sheets of the middle size. If equal to five small sheets, use two sheets of 
the middle size and one small sheet, and so on. 

3. Power of Attorney. — Signed by the applicant, all names in full. No witnesses 
or legalization necessary. Either the usual French or the usual German form is suffi- 

. cient. 

If the applicant is the assignee, an assignment must be forwarded, wliich must be legalized 
by a Swiss Consul, and give the applicant the right to apply for the patent in his own name. 

If the application is for a Definitive Patent, the application must be accompanied by a sampler 
-or model of the article to be patented, or by proof of the existence of such article or model. 



TASMA^^IA. 

TASMANIA. 



LAW AND PRACTICE. 

Who May be Patentee. — An application for patent may be made by any person 
provided that he claims to be either: The true and first inventor ; 2. The inventor's 
agent ; 3. The inventor's assignee ; 4. A person or persons claiming to be the true and 
lirst inventor by virtue of being the introducer into the colony of an invention new to 
the colony, provided that the applicant or applicants insert after the words " true and first 
inventor" the following phrase: "By virtue of a communication from ai'road from 

'■ — " 5. A deceased inventor's legal representative, provided the application be made 

^within six months of the decease of the first inventor ; 6. Two or more persons may 
make a joint application for a patent, and a patent may be granted to them jointly, or 
a patent may also be granted to several persons jointly, some of whom only are or is 
the true and first inventors or inventor ; 7. Applications must be made either personally 
or through a duly authorized agent. In any case of agency or assignment, proof thereof 
must be furnished to the satisfaction of the Registrar. 

Patents, Kind and Terra. — Provisional protection is granted for a term of nine 
months. Patents of Invention are granted for a term of fourteen years counting from 
the date of the acceptance of the application, subject to the payment of the prescribed 
taxes. 

Unpatentable. — The law is silent upon this point. 

Novelty, Effect of Prior Patent or Publication.— The application must be 
filled before the invention has been published or publicly used in Tasmania. Prior pub- 
lication or prior patenting of the invention in another country will not prevent the ob- 
taining of a perfectly valid patent provided the invention is new as to Tasmania at the 
lime the application is filed. The exhibition of an invention in a Colonial, Intercolonial 
or International exhibition, and the publication of an invention during the period of ilhe 
holding of an exhibition, or the use of the invention for the purposes of the exhibition 
iti the place where the exhibition is held, or the use of the invention during the holding 
of the exhibition by any person elsewhere wdthout the knowledge or consent of the in- 
ventor, will not prevent the inventor or his legal representative applying for and obtain- 
ing a patent, provided that before he exhibits the invention he shall give notice to the 
Registrar of his intention so to do, and file his application for patent within six months 
from the opening of the exhibition. 

Taxes. — A tax of £15, falls due before the expiration of the third year of the 
patent and a further tax of £20 before the expiration of the seventh year. If the patentee 
by accident, mistake or inadvertence fails to make a prescribed payment within the re- 
quired time, an enlargement of time for mailing such payment may be obtained, not, 
Jiowever, to exceed three months, upon payment of a further tax of £1. 

Assig-nments. — Docurhents should be in duplicate. No particular form of assign- 
ment has as yet been prescribed and it is recommended that assignments be made to 
conform to the requirements of the English practice. 

Working:. — There are no conditions. If, however, it is proven on petition to the 
Governor in Council that by reason of the default of the patentee to grant licenses on 
reasonable terms : 1. The patent is not being worked in the Colony; or 2. The reason- 
able requirements of the public with respect to the invention cannot be supplied ; or 8. 
Any person is prevented from working or using to the best advantage an invention of 
which he is possessed ; the Governor in Council may order the patentee to grant licenses 
on such terms as may be just, having regard to the nature of the invention and the cir- 
■cumstances of the case. 

DOCUMENTS REQUIRED. 

1. Application. — Signed by the applicant and two witnesses. 

2. Appointment of Aarent. — Signed by the applicant. 



80 TASMANIA. TRINIDAD. 

3, Speciflcatlon in duplicate. — Written or printed upon strong white paper of 
a size of rliirteen inches in height by eight inches in width, and having a margin of two 
inches upon the left hand side. The specification may be either signed by the applicant 
or his agent. 

4. Drawing's in Duplicate. — Upon stout white drawing paper, parchment or 
tracing linen, of a size 13 by 8 or 13 by 16 inches, with a half-inch margin all around. 
No signatures required. 

NOTE. — If the applicant is the assignee of the inventor aa assignment or authority from the 
inventor mu?t be furnished. 

If the applicaiit i'^ the legal representative of a deceased inventor ihe applicant must furnish a state- 
ment That h<; believes such inventor to be the true and first inventor, which must be accompanied by an . 
ottice copy of or extract from his will or th3 lectern uf administration granted, and such copy or extract 
mu?t be properly coi-tiflsd. 



TRINIDAD. 



The patent covers the islands of Trinidad and Tabago. 



LAW AND PRACTiCE. 

Who may be Patentee. — The true and first inventor, or the true and first importer 
into Trinidad. 

Patents, Kind and Term. — Patents of Invention (or Importation) granted for 
fourteen years, counting from the grant of the certificate by the Registrar-General. 

Unpatentable. — The law is silent upon this point. 

Novelty, Effect of Prior Patent or Pnblication. — To obtain a valid patent, the 
application therefor must be filed before any public use or exercise of the invention 
within the Colony of Trinidad. Prior patenting or publication of the invention in any 
other country will not prevent the obtaining of a perfectly valid patent, provided the iu- 
venticn is new in Trinidad at the time the application is filed. 

Taxes. — There are none after the issue of the patent. 

Assignments. — The documents should be in duplicate. Any usual form may be 
used. 

Working. — There are no requirements. 



DOCUMENTS REQUIRED. 

1. Petition. — Signed by applicant. 

2. Declaration.— Signed by applicant. 

3. Specification in duplicate. — May be signed either by the applicant or the 
agent. 

4. Drawings in duplicate.— On drawing board or tracing cloth, any suitable size. 
No signatures required. 

5. Power of Attorney. — Signed by applicant. 



TUNIS. 81 

TUNIS. 



LAW AND PRACTICE. 



Who may be Patentee. — Anyone ; a person, firm or corporation. 

Patents, Kind and Term. — Patents of Invention are granted for five, ten or fifteen 
years, as elected by the applicant, subject to the payment of the prescribed taxes and the 
proper working of the invention. 

Unpatentable. — Plans and combinations of credit or finance; inventions, the use 
of which would be contrary to the laws and good manners, alimentary products and 
medicines, although processes relating to the manufacture of the latter may be made the 
subject of a patent. 

Novelty, Effect of Prior Patent or Publication.— To obtain a valid patent^ the 
application therefor must be filed before the invention has been published, or otherwise 
received sufficient publicity to allow of its being put into practice, either in the Regency 
of Tunis or in any other country. 

Taxes. — A tax of 100 piastres is payable upon every patent (except Patents of 
Addition), before the expiration of each year of its life, counting from the date of the 
filing of the application. No prolongation of the time for making payment can be 
obtained. 

Assignments. — Before an assignment can be recorded, all the taxes for the full term 
of the patent must be paid. As this is an expensive proceeding it is usual to prepare a 
Power of Attorney authorizing a Notary to effect the assignment. This is signed by both 
assignor and assignee and two witnesses, and should then be legalized by a French Consul. 
This document is retained by the assignee until he is ready to have the assignment made 
and recorded, which can be done at any time. 

Working. — The patent must be worked within two years from the date of the issue 
of the patent, and the working must not be interrupted thereafter for any two whole 
years at a time. As there have been no decisions upon this point as yet, it is impossible 
to say just what construction will be put upon the law, but as the latter is, to all intents and 
purposes, a copy of the French law, it is believed that the practice will be the same as in 
France, and that an actual and effective working will be required. 



^^ecisLl.— IMPORTATION OF PATENTED ARTICLES. A patentee may be 
deprived of his rights if he shall have imported into the Regency, objects manufactured in 
foreign countries which are similar to those protected by his patent. A permit may, how- 
ever, be obtained from the Prime Minister for the importation of : 1. Models of machines. 
2. Objects manufactured abroad destined for public exhibitions or for trials made with the 
consent of the government. As Tunis is a member of the International Union, citizens 
and subjects of States belonging to the Union may, however, import patented articles 
without risk of forfeiting their patents. 

DOCUMENTS REQUIRED. 

1. Specification. — On any suitable paper. No signatures. 

2. Drawings in duplicate.— On tracing cloth, any suitable size. 

3. Power of Attorney. — Signed by the applicant. No witnesses or legalization 
necessary. 



TURKEY. 

TURKEY. 



LAW AND PRACTICE. 

Who may be Patentee. — Practically, anyone, a person, firm, or corporation. 

Patents, Kind and Term. — Patents of Invention granted for five, ten or fifteen 
years, as the applicant may elect, subject to the payment of the required taxes, and the 
proper working of the invention. Patents of Addition granted for the unexpired term of 
the original patent upon which it is based, and expiring therewith. In case of a prior 
foreign patent, the duration of the Turkish patent will not exceed that of the foreign 
patent. Extensions can only be secured by the enactment of a special law. 

Unpatentable. — Pharmaceutical compounds and medicines of every kind; devices 
or combinations relating to banking or finance; inventions or discoveries contrary to 
public order or safety, to morals, or to the laws of the Empire; theoretical principles, 
methods, systems, discoveries and conceptions which are not capable of industrial appli- 
cation. 

N©Yelty, Effect of Prior Patent or Publication. — To obtain a valid patent, the 
application therefor must be filed before the invention has received, either in Turkey or 
elsewhere, sufficient publicity to enable the same to be worked. Subject to the above 
provision, inventions already patented in any other countries may be patented in 
Turkey. 

Taxes. — A tax of two Turkish pounds must be paid upon every patent (except a 
Patent of Addition) during each year of its life. All taxes are payable on the first of 
March of every Turkish fiscal year, or before the 13th of March according to the Gre- 
gorian calendar, or new style. There are no taxes upon Patents of Addition after issue. 
No prolongation of time for making payment can be obtained. 

Assignments.— The assignment should be in duplicate and must be made by No- 
tarial deed or by an Act passed before a civil tribunal of first instance in localities where 
there are no Notaries. Before an assignment can be recorded, all the taxes must be paid 
for the entire term of the patent. The praclice is the same as for French assignments. 
Assignments must be legalized by a Turkish Consul. 

Working. — The invention must be worked within two years of the date of the issue 
of the patent, and the working must not entirely cease thereafter for any two consecutive 
years. The law requires the actual manufacture of the invention in Turkey, the prac- 
tice being the same as in France. 

^^ecial.—IMPOBTATIOS OF PATENTED ARTICLES.— The importation of 
patented articles is strictly prohibited under the penalty of the forfeiture of the patent, 
with the exception that the Minister of Commerce and Agriculture may authorize the in- 
troduction into the Empire of models of machines and articles manufactured abroad, in- 
tended for public exhibitions or for experiments made with the consent of the government. 

DOCUMENTS REQUIRED. 
1. Speciflcatioti in duplicate.— Written or printed on any paper. No signatures 



2. Drawings in duplicate. — On tracing cloth of any convenient size, leaving ample 
margin. No signatures necessary. 

3. Power of Attorney. — Signed by applicant before a Notary Public, and legal- 
ized by a Turkish Consul. 



URUGUAY. 83 

URUGUAY. 



LAW AND PRACTICE. 

Who may Ibe Patentee. — The inventor, his agent, or assignee, and the owner of a 
prior foreign patent, who is allowed one year from the date of said patent to file his 
application in Uruguay. 

Patents, Kind and Term. — Patents of Invention, granted for three, six, or nine 
years, as the applicant may elect, subject to the payment of the prescribed taxes and 
proper working. Patents of Addition, for improvements upon inventions for which a 
patent is already issued, granted for the unexpired term of the original patent, and expir- 
ing therewith. The term cannot be prolonged except by special Legislative Act. 

Unpatentable. — Financial schemes; discoveries or inventions well known in the' 
country and abroad by means of written works or printed periodicals; inventions that 
are purely theoretical, and do not admit of practical application; chemical compositions; 
and inventions that are contrary to the laws of morality and the Republic. 

iVoTelty, Effect of Prior Patent or Publication.— To obtain a valid patent the 
application therefor must be filed before the invention has been published, or become 
well l?nown in Uruguay and abroad. The owner of a foreign patent has, however, a 
priority of one year from the date of his foreign patent within which to file his applica- 
tion, and if the application be filed within this time, a valid patent may be obtained 
without regard to any publication or public use of the invention. 

Taxes. — Patents of Invention are subject to a yearly tax of 25 pesos, which must 
be paid in advance, counting from the date of the patent. There is ten days' grace for 
making payment, and without fine. Patents of Addition are subject to a yearly tax of 
one-third of the amount of the yearly tax upon the original patent if the owner is the 
original patentee ; and to a yearly tax of two-thirds of the amount of the yearly tax upon 
the original patent if the owner of the Patent of Addition is not the original patentee. 
No prolongation of time for making a payment can be obtained. 

Assiituments. — The documents should be prepared in the Spanish language and be 
in duplicate. They should be legalized by a Uruguayan Consul. They must be ac- 
coEipanied by a power of attorney, signed by the assignee and legalized by a Uruguayan 
Consul, authorizing the recording of same. 

Working. — The Executive power designates " a reasonable time" within which to 
commence working the industry to which the patent refers. If the working is stopped 
thereafter for one year the patent becomes void. It is sometimes possible to obtain an ex- 
tension of the time for working, when the working has been interrupted by accident or 
force majeure, which event must be proved by the interested party within the term of one 
month, or the patent will be declared forfeited. In the absence of any judicial decisions 
upon this point it is not possible to determine just what will constitute a sufficient and 
legal working. There is little doubt, however, that the intent of the law is to require an 
actual and practically continuous working of the invention (manufacture) in Uruguay. 



\ 



DOCUMENTS REQUIRED, 

1. Specification — On any paper and in any form. No signatures necessary. 

2. Drawings in duplicate. — On drawing board or tracing cloth, any suitable 
size, made to metric scale. No signatures necessary. 

8. Power of Attorney. — Signed by the applicant before a Notary Public. This 
should be legalized by a Uruguayan Consul. 



84 URUGUAY. VENEZUELA. 

4. If a prior forei if n patent exists a certified copy, legalized Ly a Uruguayan 
Consul, should be furnished. 

5. If no pri'^r f.»reigii patent exists, a declaration stating that the invention has 
not been patented in the coaatry of its origin. This document must be signed by the 
applicant before a Notary Public, and be legalized by a Uruguayan Consul. 



VENEZUELA. 



LAW AND PRACTICE. 

Who may he Patentee. — An inventor, or any person who has had a patent granted 
to him in a foreign couutry. 

Patents, Kind and Term. — The patent is granted for five, ten or fifteen years, 
as elected by the applicant, counting from the date of the issue of the patent, subject ta 
the required working. In case of a prior foreign patent, the Venezuelan patent will 
be granted for a period equal to the unexpired term of the foreign patent. 

Unpatentable. — Inventions prejudicial to health, public order, morals, or prior 
rights ; pharmaceutical preparations and medicines. 

Noyelty, Effect of Prior Patent or Publication. — The application must be made 
before the invention is known to or used by others in Venezuela, or has been patented to 
another or described in a public print published either in the Republic or abroad, or 
before the invention has been in public use or offered for sale for more than two years, 
but an invention already patented in a foreign country may be patented in Venezuela, 
provided that it has not already been patented by another person. 

Taxes. — There are none after the issue of the patent. 

Assignments. — The documents must be in duplicate and in the Spanish language 
and be legalized by a Venezuelan Consul. 

Working, — Patents are granted for five, ten and fifteen years, and become void 
six months, one year, and two years, respectively, after the grant, imless the invention has 
been carried into operation. The working must not be discontinued for as much as a 
whole year at a time. In the absence of any judicial decisions regarding workings it 
cannot be determined with certainty just what will constitute a legal working. We are 
advised, however, that in case of machinery or apparatus, it is considered sufficient to 
import one or more into Venezuela and put them into operation there. In case of a 
process, it must be carried into practice in the country. 



DOCUMENTS REQUIRED. 

Specification. — Written or printed, on any paper. No signatures necessary. 

Drawings in duplicate. — On tracing cloth, any convenient size, leaving ample 
margins. No signatures required. 

Power of Attorney. — Signed by applicant and legalized by a Venezuelan Consul, 

If a prior foreign patent exists, a certified copy of the same, legalized by a 
Venezuelan Consul, must be supplied. 

The law requires an oath, but as this may be signed by the agent under Power of Attorney, it 
is not necessary to send one. 



VICTORIA. 85 

VICTORIA. 



LAW AND PRACTICE. 

Who may be Pateiitt'e.— (1) The actual inventor or his assigns. (2) The actual 
invent"!' jointly with the assigns of a part interest in the invention. (3; The legal repre- 
seutaiives of a deceased actual inventor or of his assigns, provided they file their appli- 
cation within twelve months of the decease of such inventor. (4) Any person resident in 
Victoria to whom the invention has been comunicated by the actual inventor, his legal 
representatives or assigns, if the actual inventor, his legal representatives or assigns is or 
are not resident in Victoria. (5) A corporation, either as the assignee of, or as a communi- 
cation from the inventor. (6) Joint inventors. 

Patents, Kiud and Term. — Provisional Protection is granted for a term of nine 
months, counting from the day the application is filed. In such case the complete speci- 
fication should be filed within nine months from the date of application. An extension 
of one month's time may be had for filing the complete specification upon payment of a 
fine. Patents of Invention, granted for fourteen years, counting from the date of the 
filing of the application, subject to the payment of the prescribed taxes. The patent 
may sometimes be extended for an additional term of fourteen years. 

Unpatentable. — Inventions, the use of which would be, in the opinion of the Su- 
preme Court law officer or Commissioner, contrary to law or morality, or dangerous, or 
injurious or prejudicial to the public interest. 

Novelty, Effect of Prior Patent or Publication.— The application should be filed 
Tsefore the invention has been published or publicly used in Victoria, but where a patent 
ias been obtained in a foreign country for any invention first invented in any country 
outside of Victoria, a patent may be obtained for such invention at any time within one 
3 ear fn m the date of the granting or sealing, of any such patent, notwithstanding that 
;-uch invention has been used or published iu Victoria, wiiliiu such period of one year, 
provided the application is filed within such time as will allow of the Victorian patent being 
sealed within twelve months of the sealing of the foreign fatent, and that such use or 
publication has not been made with the consent of thi inventor. The exhibition, 
publication, or public use of an invention at an industrial or international exhibition 
will not prevent the obtaining of a valid patent, provided the inventor gives the Com- 
Tnissioiier one month's notice f>f his intention to make such exhibition, and files his 
application within twelve months from the opening of the exhibition. 

Taxes. — A tax of £2.10.0 is payable before the expiration of the third year of the 
life of the patent, counting from the date of the filing of the application, and a further 
tax of £2.10.0, before the expiration of the seventh year. In case a payment is not made 
-within the required time, an extension of such time, not to exceed six months, at most, 
may be had upon filing an application made in the prescribed form, accompanied by a 
statutory declaration setting forth the grounds upon which such extension is asked, and 
upon payment of a fine of 15 shillings ($3.75) for each month of such extension. 

Assignments. — These should be in duplicate, and may be in any suitable form. 
When forwarding the same for registration, a request to enter name upon the registei 
must also be supplied. 

Working. — There are no requirements. 



DOCUMENTS REQUIRED. 

These should be prepared upon strong- (not thin), white paper, of a size exactly 8 inches wide 
by 13 inches high, leaving- a marg-in of 3 inches on the left hand side thereof. 

Black ink only should be used, as we are advised that the Commissioner will in future refuae 
documents prepared in analine or other colored Inks.— Carbon copies will not be accepted. 

1. Authorization.— Signed by applicant. 



83 VICTORIA. WESTERN AUSTRALIA. 

2. Application for Patent and Copy Thereof, must be signed by the applicant 
except in the case of a corporation applying, when it must be signed by the Agent. The 
copy must be marked " true copy." and this certificate must also be signed. The appli- 
cation can be made before a Britisli Consul, Notary Public, or any person competent 
to take declarations by the law of the country where the same is to be taken. 

3. Specification in duplicate. — May be signed by either tlie applicant or by the 
Agent. One of the copies must be marked "true copy," and this certificate must be 
signed by the person signing the specification. 

4. Drawings in duplicate. — On sheets of pure, white drawing paper or bristol 
board, 8 inches wide by 18 inches high, or 16 inches wide by 13 inches high. A single 
margin line must be drawn all around, one-half inch from the eAge of the sheet. No 
sij;natures necessary. 

"When the applicant is the assignee, an assignment (with an examined copy thereof), must be 
supplied. 

In ca^5e r f an application by a corporation a power of attorney mugt be Pupplied, and the authf)rization 
and application may be omitted. In ca-^e of an application by the representative of » deceasert inventor the 
probate or letters of adminiitration, or an office copy or extract therefrom, duly certified, must be 
furnished. 



WESTERN AUSTRALIA 



LAW AND PRACTICE. 

"Who may be Patentee. — There are two forms of protection afforded iuvc-ntious in 
this Colony : Letters Patent and Letters of Registration. Letters Patent are granted to 
any person claiming to be either, 1. The author or designer of an invention, 2. The 
inventor's agent, 8. The inventor's assignee, 4. The agent or assignee of any per-^on 
claiming under any of the two piecedingsub-sectious. 5. The legal representative of a de- 
ceased inventor. Applicai ions may also be made by trading associations or other corporate 
bodies ; or joint applications may be made by individuals, two or more corporate bodies, 
or an association of one or more corporate bodies with one or more individual appli- 
cants. Letters of Kegistration are granted to the holder or assignee of any Letters- 
Patent obtained outside the Colony of Western Australia, upon producing satisfactory 
proof of being such bona fide holder or assignee. 

Prtt^^ntf, Kind and Ti^rin. — As already seen there are two forms of protection. 
Letters Patent are granted for fourteen years counting from the date of application, 
subject to the paynient of the prescribed taxes. Letters of Registration are gi anted for 
the unexpired term of the foreign patent upon which they are based (including any 
extension or renewal) and expire therewith. Lettjrs Patent may, in exceptional case* 
be extended for a further term of seven or fourteen years. 

Unpatentable, — The law is silent upon this point. 

Novelty, Effect of Prior Patent or Publication. — To obtain a valid patent, the 
application therefor should be filed before any public use of the invention within the 
Colony. The issue of a patent by another colony or country will not prevent the inventor 
from obtaining a patent unless the invention has been introduced into public use in 
the Colony prior to the tiling of the applicai ion, or the invention has been anticipated in 
Letters Patent already issued. The exhibition, publication or public use of an invention 
at an International or Industrial exhibition will not prevent the obtaining of a valid 
patent, provided notice of the intention to exhibit is given the Registrar, and the appli- 
cation for patent is filed within six months from the date of the opening of the 
exhibition. 

Letters of Registration may be applied for at any time during the existence of a 
prior foreign patent for the same invention. 

Taxes. — A tax of £4 is payable before the end of the fourth year of the life of 
Letters Patent, and a further tax of £4 before the end of the seventh year. If the 
patentee fails, by accident, mistake or inadvertence, to pay a fee within the prescribed 



WESTERN AUSTRALIA. ZANZIBAR. 87 

time, an enlargement of time, not to exceed six months, may be obtained for paying such 
fee upon payment of 15 shillings for each month of such enlargement. There are no 
taxes upon Letters of Registration after their issue. 

Assiginiients, — These may be in any suitable form and must be in duplicate. 

Workiiii^. — There are no requirements. If, however, it is proven on petition that 
by reason of the default of a patentee to grant licenses on reasonable terms : (a) The 
patent is not being worked in the Colony ; or (b) the reasonable requirements of the 
public with respect to the invention cannot be supplied; or (c) any person is prevented 
from working or using to the best advantage an invention of which he is possessed ; the 
Governor in Council may order the patentee to grant licenses upon terms that will be 
reasonable considering the nature cf the invention and the circumstances of the case. 



DOCUMENTS REQUIRED (LETTERS PATENT). 

1. Application with Declaration. - Signed by applicant before a Notary Public or 
British Consul. 

2. Specification in duplicate. — No signature required. 

3. Drawings in duplicate. — No signatures necessary. 

4. Statement of Address. — Signed by applicant. 



DOCUMENTS REQUIRED. (LETTERS OF REGISTRATION.) 

1. Petition. — Signed by applicant. 

2. Certified Copy of Letters Patent held by applicant. May be either prmted or 
■written on any material. 

3. Certified Copy of Specification on which such Patent has been granted, unless 
printed, must be written on brief or foolscap paper, on one side only. If printed, the 
certification will beheld to include the correctness of the drawings also, if the whole is 
bound up together. 

4. Certified Copy of Drawing" on which such Patent has been granted. Whether 
printed or not, can be on paper or cloth. 

5. Declaration hj Applicant. — Signed by applicant. 

6. Declaration by Professional Man.— Signed by a Patent Solicitor or Agent, 
preferably. 



7. Power of Attorney. — Signed by applicant. 

f the applicant be the assignee of the patentee, a cert 
ipplied. 

Declarations may be made before a Notary Public or other competent official. 



If the applicant be the assignee of the patentee, a certified copy of the assignment must alsc 
be supplied. 



ZANZIBAR, 



There is as yet no patent law in force. It is probable that the government would give 
protection to inventions by way of special grant, provided the invention was likely to be 
of 11 sp in thft cnnntrv. 



of use in the country. 



88 ZULULAXD. 

ZULULAND. 



LAW AND PRACTICE. 

Who may bft PatenteP. — The true and first inventor. The interpretation clause 
of the Act provides that the word "invention sliall bear and have the same meaning 
as it has in the Act of the Imperial Parliament, the loth and 16th of Her Majesty, 
c. 83, entitled, 'An Act for Amending the Lavrfor Granting Patents for Inventions,^" 
and in the absence of any judicial decision upon the subject in the Colonial Courts, 
it seems probable the judges would follow the English and the Colonial precedents 
and construe "the true and first inventor" to include the true and first importer 
within the colony. 

Patents, Kind and Term, — Patents of Invention granted for fourteen years, 
subject to the payment of the prescribed taxes. The patent will expire with the 
first expiring prior foreign patent. The patent dates from the dav the application 
is filed. 

Unpatentable. — A valid patent cannot be obtained in Zululand for an invention 
the subject of a foreign patent which has already expired. 

Novelty, Effect of Prior Patent or Pnblieation. — The invention must not have 
been publicly used in Zululand before the application for the patent. Prior patent- 
ing or publication in other countries will not prevent the obtaining of a perfectly 
valid patent provided the invention has not been publicly used in Zululand at the 
time the application is filed. 

Taxes. — A tax of £5 must be paid before the expiration of the third year of the 
life of the patent, counting from the date of the filing of the application, and a 
further tax of £10 before the expiration of the seventh year. Xo prolongation of 
the time for making payment can be obtained. 

Assig'nnients. — Should be prepared in duplicate. Any usual form may be em- 
ployed. 

Working-. — There are no requirements. 



DOCUMENTS REQUIRED. 

The documents required and the forms are precisely the Same as for CaDe 
Colony. All the documents including the Specifications (except the drawings) must 
be signed by the inventor, and the place and date of execution must be given. 



TRADE MARKS. 



Note: When it is desired to advertise a trademark in any country or countries, the following docu- 
ments are required for each couatry in which the advertifement is to be made: 1, power of aitorney, 
signed by the applicant; >>, two facsimiles of the mark; 3, a woodcut or electrotype of the mark. 



ABYSSINIA.— AFGHANISTAN. 
There are as yet no trademark laws in these countries. 



ARGENTINE REPUBLIC. 



Trade marks are protected under the law of August 14, 1876. The term 
of protection is ten years, but the mark may be renewed upon the register every 
ten years, indefinitely. 

The following are unregisterable ; 1. Letters, words, names, or designs used by 
or pertaining to the State ; 2. The form or color of the product ; 3. Terms or ex- 
pressions which have passed into common use ; 4. Designations generally employed 
lor indicating the origin of the products or the class to which they belong ; 5. 
Designs or expressions contrary to morals. 

Documents eequieed : 1. Power of Attorney signed by the applicant before a 
Notary Public, and legalized by an Argentine Consul; 2. Six facsimiles of the 
trademark ; 3. If the trademark is registered elsewhere, a certified copy of the 
certificate of registration must be furnished, which must be legalized by an 
Argentine Consul. 



AUSTRIA. 



Trade marks are protected under the law of January 6, 1890. The term of 
protection is ten years, but the mark may be renewed upon the register every 
ten years indefinitely. Foreigners to secure protection, must register their 
marks in both Austria and Hungary, the registration of the mark in one country 
only, being considered invalid. 

The following are unregisterable : 1. Marks which contain the likeness of the 
Emperor or of a member of the Imperial family ; 2. Marks which only consist of 
State or other public arms, or numbers, letters or words. (Owing however to 
treaties in force between Austria, the United States, Sweden and Norway, citizens 
of these countries may register their marks, even when they consist of letters and 
words only, provided the same marks have been registered in the home country, 
and proof of such registration is furnished) ; 3. Marks used in commerce to desig- 
nate certain classes of merchandise ; 4. Immoral and offensive designs, or repre- 
sentations inconsistent with public order, and statements or declarations which 
do not correspond with the character of the business or with actual fact, or that 
are apt to deceive the purcha,ser or public at large. 

89 



90 TEADE MAEKS. 

DocriiEKTS EEQrrRED : 1. Powers of Attorney for Austria and Hungary, each 
signed by the applicant before a Notary Public, and legalized by an Austrian 
Consul : 2. A c<'rtifled copy of the certificate of registration of the country where 
the petitioner resides, legalized by an Austrian Consul; 3. Two wood "cuts or 
electrotypes of the mark, which must not exceed twenty centimetres (about eight 
inches) long, by thirteen centimetres (about five and an eighth mches) wide; 4. 
Twelve facsimiles of the mark; 5. When the marks are intended for such materials 
as metal, clay, glass or the like, three specimens stamped or impressed with the 
trademark are required. Each specimen must have a perforation outside of the 
design or mark, so that it may be affixed to a tag. 



BAHAMA ISLANDS. 



A bill was recently introduced in the legislature at the instance of the British 
Colonial Office, but it was rejected because it was feared that the enforcement of 
such a law might involve the colony in trouble with foreign powers. It is expected 
that another bill will be introduced in the next legislature, and that it will be 
passed. 



BARBADOS, 



Trade marks are protected by the Merchandise Marks Act of 1689. The law 
punishes the counterfeiting of trade marks, but as yet there is no provision for 
registration. In order to secure proof of ownership, and to warn the public against 
counterfeiting, it is usual to advertise the mark in the official and other journals. 



BELGIUM. 



Trade marks are protected by the law of April 1, 1679. The law provides that 
all signs serving to distinguish the products of an industry or objects of commerce, 
are considered as trade marks. It is silent upon the point as to what shall be 
unregisterable. The term of protection is forever. 

DocTTMES-TS BEQUiKED : 1. A power of attorney signed by the applicant; 2. 
One wood block or electrotype, which must not exceed S^ inches by 4i^ inches in 
size ; 3. Three facsimiles of the mark ; 



BERMUDA. 



Trade marks are protected by the Merchandise Marks Act of 1869. The law 
punishes the counterfeiting of trade marks, but makes no provision for registra- 
tion. In order to secure evidence of ownership and to warn the public against 
counterfeiting, it is usual to advertise the trade mark in the official and other journals- 
of the Colony, 



TRADE MAKKS. 91 

BOLIVIA, 



So far as we are advised, no protectit)u can be had for trade marks in this. 
country. 



BRAZIL 



Trade marks are protected by the law of Oct. 14, 1887. 

The following are unregisterable : 1. Coats of arms, armorial bearings, medal- 
lions and public or national emblems, where authority for their use has not been 
obtained ; 2. A commercial or firm name which the applicant cannot legally use ; 
3. The name of a locality or establishment other than that where the article is- 
produced ; 4. Words, designs or representations offensive to individuals or to- 
public decorum ; 5. A mark already registered for the same or a like purpose ; 6. A 
partial or complete imitation of a mark already re^gistered for the 'same or liker 
products, where the same may lead to mistake, or confuse the buyer. 

The term of protection is fifteen years, but the mark maybe re-registered every 
fifteen years indefinitely. 

Documents requiebd : 1. Power of Attorney signed by the applicant before^ 
a Notary Public, and legalized by a Brazilian Consul; 2. Six facsimiles of the mark; 
3. A certified copy of the certificate of registration in the country where the- 
applicant resides, legalized by a Brazilian Consul. 



BRITISH BECHUANALAND. 



This Colony has adopted as its own, the Trade Mark Act (Act 22 of 1877) of 
Cape Colony. Separate registration is however required. The term of protection 
is 14 years, but the mark may be renewed upon the register every 14 years indefi- 
nitely. 

For the purposes of this Act, a trade mark must consist of or contain one or 
more of the following essential particulars: 1. The name of an individual or 
firm, printed, impressed, or woven, in some particular and distinctive manner; or 

2. A written signature or copy of a written signature of an individual or firm ; or 

3. A distinctive device, mark, brand, heading, label, ticket, or fancy word or 
words not in common use. And there may be added to any one or more of these 
particulars, any letters, words, or figures, or combination of letters, words or 
figures, or any of them. It should be noted however that any special and distinc- 
tive word or words, or combination of figures or letters used as a trade mark befor* 
the 8th. day of August 1877, may be registered as a trade mark. 

Documents required : 1. Power of Attorney, signed by the applicant and 
two witnesses ; 2. Application, signed by the applicant ; 3. Declaration, signed by 
the applicant before a British Consul or a Commissioner of the Supreme Court of' 
the Cape of Good Hope ; 4. If the mark consists of words printed in other than • 
Roman letters, a translation of the words must be made at the foot of each mark ; 
5. Four facsimiles^ of the mark; 6. Two woodcuts or electrotypes of tha 
mark. 



92 TKADE MARKS. 

BRITISH GUIANA 



Protection is granted to owners of trademarks by the Merchandise Marks 
Ordinance of 1888, relating to the fraudulent marking of merchandise. The term 
of protection is unlimited. There is no registration department, such as 
exists in other countries, but there is a general Registrar's department in which all 
documents executed out of the colony, and duly proved, can be registered. 

Documents eequieed: 1. Power of Attorney signed by the applicant, and 
legalized by a British Consul ; 2. Declaration signed by the applicant, and legalized 
by a British Consul ; 3. Four facsimiles of the mark; 4. A woodcut or electrotype 
of the mark. 



BRITISH HONDURAS. 



Trade marks are protected by the Merchandise Marks Ordinance of 1888. 
The counterfeiting of trade marks is made a penal offense. There is as yet no 
department for registration, and in order to secure proof of ownership and to 
warn the public against counterfeiting, it is usual to advertise the trademark in the 
■official and other journals of the Colony. 



BRITISH NORTH BORNEO. 



So far as we are advised, there is as yet no law for the protection of trade 
marks. 



BULGARIA. 



Trade marks are protected for ten years, and the mark may be renewed upon 
the register every ten years indefinitely. The law defines as registerable : 
The signature of the manufacturer or trader, represented in a special form ; the 
monogram of the producer or of the seller; representations of animals, allegorical 
figures, &c. 

The Portrait of the sovereign and his family ; the Eoyal arms ; or mere numbers 
and letters are unregisterable. 

The Act provides for reciprocity, and registration may be refused to citizens 
or subjects of States that will not protect the trademarks of Bulgarian 
merchants. 

Documents required : 1. Power of Attorney, signed by the applicant before a 
l^otary Public, and legalized by a Turkish Consul ; 2. Five facsimiles of the trade 
mark. 



CANADA. 



Trade marks may be registered and protected under the Trade Mark and 
Design Act (Revised Statutes A. D. 1886). There are two kinds of trade 
marks recognized by the law ; 1. General, i. e., one used in connection with the sale 
of various articles in which the proprietor deals. 2. Specific, i.e., one useJ. incon- 



TEADE MAKES. 95 

nection with the sale of a class of merchandise of a particular description. The term, 
of protection for general trade marks is without limitation. The term of protec- 
tion for a specific trade mark is twenty-five years, but the mark may be renewed 
for additional terms of twenty-five years each, for an unlimited time. 

The Act provides that all marks, names, brands, labels, packages or other busi- 
ness devices, which may be adopted for use by any person in his trade, business^ 
occupation or calling, for the purpose of distinguishing any manulacture, product 
or article, shall be considered a trade mark. 

The Minister of Agriculture may object to register any trade mark in the fol-- 
lowing cases : 1. If the said trade mark proposed for registration is identical with 
or resembles a trade mark already registered ; 2. If it appears that the trade mark 
is calculated to deceive or mislead the public ; 3. If the trade mark contains any 
immoral or scandalous figure ; 4. If the so-called trade mark does not contain the. 
essentials necessary to constitute a trade mark, properly speaking. 

Documents kequieed : 1. Duplicate drawings of the mark on bristol board or 
thick white paper, eight inches wide, by thirteen inches high. No signatures arfr 
necessary. 2. Application with declaration, in duplicate, signed bj' applicant and 
two witnesses. This document should contain a full description of the mark. It 
may be written upon paper eight inches wade, by thirteen inches high, with a mar- 
gin of two inches on the left hand side, 3. Power of Attorney, signed by the appli- 
cant and two witnesses. 



CAPE COLONY.— CAPE OF GOOD HOPE. 



Trade marks are protected under Act No. 22 of 1887, as amended by the Trade 
Marks Eegistration Amendment Act 1891. The term of protection is fourteen years, 
but the mark may be renewed upon the register every fourteen years indefi- 
nitely. 

For the purposes of this Act, a trade mark must consist of or contain one or 
more of the following essential particulars : 1. The name of an individual or firm 
printed, impressed or woven in some particular and distinctive manner ; or 2. A. 
written signature or cop^y of a written signature of an individual or firm ; or 3, a 
distinctive device, mark, brand, heading, label, ticket, or fancy word or words not 
in common use. And there may be added to any one or more of these particulars, 
any letters, words or figures, or combination of letters, words or figures, or any of 
them. It should be noted however that any special and distinctive word or words, 
or combination of figures or letters, used as a trade mark before the 8th day of 
August, 1887, may be registered as a trade mark. 

Documents requiked: 1. Power of Attorney, signed by the applicant and two- 
witnesses ; 2. Application, signed by the applicant ; 3. Declaration, signed by the ap- 
plicanfbefore a British Consul, or a Commissioner of the Supreme Court of the Cape 
of Good Hope ; 4, If the mark consists of words printed in other than Eoman let- 
ters, a translation of the words must be made at the foot of each mark; 5. Four- 
facsimiles of the mark; 6, Two woodcuts or electrotypes of the mark. 



CEYLON. 



Trade marks are protected under the Trade Marks Ordinance 1888, as amended 
by Ordinance No. 4 of 1890. The term of protection is fourteen years, but tha 
mark may be renewed upon the register every fourteen years indefinitely. 

The law requires that the marli must consist of or contain at least one of the 
following essential particulars : 1. The name of an individual or firm printed, 
impressed, or woven in some particular and distinctive manner; 2. A written 
signature or copy of a written signature of the individual or firm applying for 



94 TEADE MAEKS. 

registration tbxereof as a trademark; 3, A distiuctire device, mark, stamp, brand, 
iieading, label or ticket ; 4. An invented word or invented words ; 5. A word or 
words having no reference to the character or quality of the goods, and not being a 
geographical name. There may be added to any one or more of these essential par- 
ticulars, any letters, words or figures, or combination of letters, words or figures, or 
any of them, but the applicant must state in his application the essential particulars 
«of the trade mark, and disclaim any right to the exclusive use of the added matter. It 
should be observed, however, that any special or distinctive word or words, letter, 
figure, or combination of letters and figures, used as a trade mark prior to the 16th 
day of April 1890, may be registered as a trademark. 

Documents eequieed : Application for registration, signed by the applicant 
and two witnesses ; 2. Power of Attorney, signed by the applicant and two wit- 
nesses; 3. Four facsimiles of the trademark; 4. A woodcut or electrotype of the 
jnark. 

If the mark is to be used on metal goods, the metal or metals such goods are 
made of must be indicated. 



CHILI 



Trade marks are protected under the lav>' of Nov. 12, 1874. The term of 
protection is ten years, but the mark may be renewed upon the register 
every ten years indefinitely. The law does not state Avhat shall be unregisterable, 
but provides that all names, emblems, and other signs that a manufacturer or 
merchant may adopt to designate the articles which he manufactures or sells, may 
be registered as trade marks. 

Documents eequieed : 1. Power of Attorney, signed by the applicant before a 
Notary Public, and legalized by a Chilian Consul; 2. Six facsimiles of the mark. 

All factory marks must bear the letters "M. de F." and all commercial marks, 
the letters '*M. C." 



CHINA (EMPIRE OF). 



There are no existing national laws upon the subject, and the only method by 
which foreigners can obtain protection is by the registration of the trade mark 
in the Chinese Foreign Ofiice, and at a Foreign Consulate, and by due publication 
of the mark and the proprietor's rights of ownership in the Chinese papers. 

The Chinese Government has recently given instruction through the Tsungli 
Yamen, or Foreign Office, to the proper officials, to inquire into charges of counter- 
feiting marks and to arrest and punish guilty parties. 

Documents eequieed: 1. Power of Attorney, signed by the applicant and 
two witnesses ; 2. Four facsimiles of the trademark; 3. A woodcut or electrotype 
of the mark. 



COLOMBIA. 



There is no special law upon this subject, but trade marks are protected by 
articles 593 and 594 of the Penal Code. In order to establish evidence of ownership, 
■and to warn the public against counterfeiting, it is usual to advertise the trademark 
in the Colombian newspapers. 



TKADE MARKS. 95 

CONGO FREE STATE. 



So far as we are aware there is no law upon this subject, and no way in which 
protection can be secured. 



COREA.— COSTA RICA._GYPRUS. 



There are no laws upon the subject of trade marks and there is no way that 
we know of, by which protection can be secured. 



DENMARK. 



Trade marks are protected under the Decree of April 11, 1890. The term of 
protection is ten years, but the mark may be renewed upon the register every ten 
years for an indefinite period, except in the case of foreign marks, which will not be 
protected to a greater extent, or for a longer time than the marks are protected 
in the country of origin. 

The following are unregisterable : 1. A mark consisting exclusively of figures, 
letters, or Avords, which are not in a sufficiently peculiar form to be considered as fig- 
ure marks ; 2. A mark containing, without any right thereto, the name or firm of an- 
other party, or name of another's real property ; A mark containing public arms 
or marks; 4. A mark containing offensive representations; 5. A mark resembling 
a mark already registered, or one for which an application in proper form has al- 
ready been filed ; or if it resemble such a one to such an extent that the mark 
can easily be mistaken therefor in size and appearance. 

Documents kequieed : 1. PoAver of Attorney, signed by the applicant before 
a Notary Public, and legalized by a Danish consul ; 2. Four facsimiles of the 
mark, not exceeding 15 centimetres (5J^ inches) in length, and 10 centimetres (4 
inches) in width ; 3. A certified copy of the certificate of registration in tht country 
where the applicant resides, showing that the trade mark is registered and is the 
property of the applicant. This certificate must be legalized by a Danish consul; 
4. Two woodcuts or electrotypes, the same size as the facsimiles furnished. 



DUTCH EAST INDIES. 



Trade marks are protected by the law of November 9, 1893. The protection 
extends to all the islands of the group. The term of protection is twenty years, 
and the mark may be renewed upon the register for an additional term of twenty 
years. 

The following are unregisterable : Coats of arms, armorial bearings, and im- 
moral representations. 

Documents bequired: 1. Power of Attorney, signed by the applicant; 2. Six 
facsimiles of the mark. 



96 TRADE MARKS. 

DUTCH WEST INDIES. 



Trade marks are protected under the law of November 9, 1893. The law, 
provisions and documents required, are precisely the same as for the Dutch East 
Indies, (which see ) 

Separate registrations are required for Surinam (Dutch Guiana) and Curagao. 



ECUADOR. 



Up to the date of our latest advices, there was no law in this country 
relating to trade marks, and there is no way, so far as Ave are aware, by which 
protection can be obtained. 



EGYPT. 



While there is as yet no special law relating to trade marks which provides 
for their registration, it has been held by the courts that any attempt to infringe 
upon rights of industrial property comes under the general principle expressed 
in Article II of the Civil Code, namely: "In case of the silence, insufiBciency 
or obscurity of the law, the Judge will conform himself to the laws of 
natural right and the rules of equity." In applying this principle the Courts have 
decided that a mark adopted by a merchant is exclusively his own property, and 
that any one who counterfeits it is liable for damages (Arret January 9, 1879.) In 
many cases, infringement of trade marks have been severely punished. 

It is usual in order to secure evidence of OAvnership and to Avarn the public 
against counterfeiting the mark, to advertise the same in the Egyptian papers. 



FALKLAND ISLANDS. 



Protection is granted to owners of trade marks by Act No. 1, of 1889, relat- 
ing to the fraudulent marking of merchandise. There is as yet, hoAvever, no 
provision for the registration of trade marks, and in order to establish eA'idence 
of ownership, and to Avarn the public against making improper use of same, it is 
usual to advertise the mark in the colonial papers 



FIJI ISLANDS. 



Trade marks are protected imder Act No. 4, of 1886, dated April 22, 1886. 
For the purposes of the Act, a trade mark must consist of or contain one or more 
of the following essential particulars : 1. A name of an individual or firm, printed, 
impressed or woven in some particular or distinctive manner; or 2. A writtew 
signature or copy of a written signature of an individual or firm ; or 3. A distinctiv.- 
device, mark, heading, label or ticket ; and there may be added to any one or more 
of the said particulars any letters, words or figures, or combination of letters, 
words or figures. Any special or distinctive word or words, or combination of letters 
or figures used as a trade mark prior to April 22, 1886. may be registered as such. 



TRADE MARKS. 97 

The Registrar may refuse to register as part of or in combination with a trade 
mark, any words the exclusive use of which would not, by reason of their being cal- 
culated to deceive or otherwise, be entitled to protection in a Court of Equity. 

The term of protection is seven years, but the mark may be renewed upon the 
Register every seven years indefinitely. 

Documents kequieed : 1. Application to register, signed by the applicant; 2. 
Power of Attorney, signed by the applicant: 3. Four fac similes of the mark; 4. 
Two woodcuts or electrotypes of the mark. 



FINLAND. 



Trade marks are protected under the law of February 11, 1889. The term of 
protraction is ten years, and the trade mark may be renewe(i upon the register 
every ten years indefinitely. 

The following are unregisterable : 1. A mark already registered, or filed for 
registration by another ; or a mark so closely resembling such a mark that it may 
be easily mistaken therefor; 2. Marks consisting chiefly or entirely of figures, 
letters or words, if they do not by their peculiar arrangement form a real figure 
sign, or if the words do not state the firm name or establishment of the applicant;. 
3. Marks consisting chiefly of a sign or mark which is in general use by a certain 
trade ; 4. Marks that improperly contain the name, firm, or property of another, or 
words which can be mistaken for such names ; 5. Marks containing statements- 
offensive to morals or good order, or that arouse anger, or that are evidently mis- 
leading ; 6. Marks that contain public coats of arms, stamps, orders or marks of 
honor. 

Documents kequieed : 1, Power of Attorney, signed by the applicant before a 
Notary Public, and legalized by a Russian Consul ; 2. A certified copy of the certifi- 
cate of registration in the applicant's own country, legalized by a Russian Consul ; 
3. Five fac similes of the mark, to be on stiff paper, of a size not exceeding 4 by 6 
inches; 4. Two wood cuts or electrotypes of the mark, of the same size as the fac=- 
similes. 



FRANCE. 



Trade marks are protected under the laws of July 28, 1824, .Tune 23, 1857, 
and Nov. 26, 1873. The law provides that the following shall be considered as trade 
marks : names arranged in a distinctive form ; signs, emblems, imprints stamps, 
seals, vignettes, reliefs, letters, figures, envelopes, and all other signs serving to dis- 
tinguish the products of the manufacturer, or objects of commerce. 

The term of protection is fifteen years, but may be extended for fifteen years 
more. 

DocuME?jTS required: 1. Power of Attorney, signed by the applicant before a 
Notary Pubhc, and legailized by a French Consul ; 2. Three fac similes of the mark. 



GERMANY. 



Trade marks are protected under the law of Nov. 30, 1874. Trade marks consist 
ing exclusively of numerals, letters or words, unless the same were adopted for 
use prior to June 1, 1875, are not proper subjects for registration. 

The term of protection is ten years, and the mark may be renewed indefinitely 
upon the register, every ten years. "^ 



98 TRADE MAEKS. 

Documents eeqijiked : 1. An applicatioiT, together with a declaration, stating^ 
that the owner acknowledges the jurisdiction of the Tribunal of Commerce of 
Leipsic. This must be signed by the applicant before a Xotarv Public, and then 
legalized by a German Consul; 2. A list of the products, etc., upon which the mark 
is affixed and the manner of affixing it ; 3. Four fac similes of the trade mark, not 
more than three centimeters square ; 4. A woodcut or electrotype of the same 
size as the fac similes; 5. A certified copy of the certificate of registration in the 
applicant's own country ; this certificate must be legalized by a German Consul. 



GIBRALTAR. 



Trade marks are protected under Ordinance No. 4 of 1888. There are no 
provisions for registration, and in order to secure evidence of ownership and to 
warn the public against counterfeiting, it is usual to advertise the trade mark 
in the official and other papers in Gibraltar. 



GOLD COAST COLONY. 



Trade marks are protected by Act No. 4 of of March 9, 1888, relating to the 
fraudulent marking of merchandise. There is as yet no provision for the regis- 
tration of trade marks, and in order to secure evidence of ownership, and to warn 
the public against counterfeiting, it is usual to advertise tiie trade mark in the 
s_Colonial papers. 



GREAT BRITAIN. 



Trade marks are prot-ected under the Patents, Designs and Trade Marks Act 
1883 to 189U, and the Merchandise Marks Act of 1887. 

For the purposes of tlie Act, a trademark must consist of or contain at least one 
of the following essential particulars : 1. A name of an individual or firm j^rinted, 
impressed or woven in some particular or distinctive manner ; or 2, A written sig- 
nature or copy of a written signature of an individual or firm; or 3. A distinctive de- 
vice mark, brand, heading, label or ticket ; or 4. An invented word or words ; or 5. 
A word or words having no reference to the character or quality of the goods, and 
not being a geographical name. 

There may be added to any one or more of these essential particulars, any let- 
ters words or figures, or combination of letters, words or figures, or of any of them, 
but 'the applicant must state the essential particulars of the trade mark and dis- 
claim any right to the exclusive use of the added matter. A person need not, how- 
ever disclaim his own name or the foreign equivalent thereof, or his place of busi- 
ness' but no entry of any euch name will affect the right of any owner of the same 
name to use that name or the foreign equivalent thereof. , . , ^, , ^ 

No word or words descriptive or suggestive of the goods upon which the trade 
mark is used, or of any of their characteristics, will be -accepted for registration. 

Any special or distinctive word or words, letter figure, or combination of let- 
ters or figures, or letters and figures, used as a trade mark before the thuteenth 
day of August, 1875, may be registered as a trade mark. ,.^^,„-^h nnnn 

The term of protection is 14 years, and the mark may be rene^Ncd upon 
the register indefinitely every 14 years. 

Documents eequieed.— 1. Authorization, signed by the applicant; 2. Four 
fac similes of the mark ; 3. A ^voodcut or electrotype of the mark. 



TEADE MAKKS. 09 

GREECE. 



Trade marks are protected under the law of 10/22 Feb. 1893. The law defines 
a trade mark to be any mark used to distinguish articles of industry, agriculture, 
or cattle or live-stock raising, and articles of commerce in general. 

The Grecian Government provides for reciprocity in the protection of trade 
marks, and foreigners can only register their trade marks in Greece, when the laws of 
their own country grant reciprocal protection to Grecians. The term of protection is 
ten years, but the mark may be renewed upon the register for an additional term 
of ten years. 

Documents kequieed : 1, Power of Attorney, signed by the applicant before 
a Notary Public, and legalized by a Grecian Consul ; 2. A certified copy of the 
certificate of registration in the applicant's own country, legalized by 
a Grecian Consul ; 3. A declaration signed by the applicant to the effect that the 
applicant will submit himself to the jurisdiction of the Court at Athens in all ques- 
tions arising from the registration of his trade mark ; 4. Six fac similes of the mark ; 
5. A woodcut or electrotype of the mark. 



GRENADA. 



Up to the date of our latest advices no law had' been passed upon this subject, 
although we are informed that such legislation is under consideration. Protec- 
tion by special legislative enactment may be secured at moderate cost. 



GUATEMALA. 



Under the provisions of the Penal Code trade marks may be registered in the 
Office of the Director General of Statistics. The term uf protection is ten years, 
but the mark may be renewed upon the register every ten years indefinitely. 

Documents kequieed : 1. Power of Attorney, signed by the applicant before 
a Notary Public, and legalized by a Guatemalan Consul ; 2. Sis fac similes of the 
trade mark ; 3. A woodcut or electrotype of the mark^ 



HAWAII, 



Trade marks are protected under the law of June 23, 1888. The law does 
not state what, if anything, is unregisterable. The term of protection is 20 years. 

Documents kequibed : 1. Petition with Power of Attorney, signed by the 
applicant; 2. Oath, signed by the applicant before a Notary Public ; if the applica- 
tion be made by a firm or corporation, the Oath may be executed by any member 
of such firm, or any officer of such corporation ; 3. Four fac similes of the mark. 



HAYTl 



There is no law upon the subject of trade marks and no way in whioh protection 
•<^an be secured. 



100 TKADE MARKS. 

HOLLAND (NETHERLANDS.) 



Trade marks are protected by the law of September 30, 1893. The term of 
protection is 20 years, and the mark may be renewed upon the register for an 
additional term of 20 years. The following are unregisterable : AVords or designs 
offensive to public order or good morals ; the arms of the Kingdom, or those of a 
province, commune or other legally constituted public corporation. 

Documents KEQUiEED : 1. Power of Attorney, signed by the applicant; 2. Six 
fac similes of the mark ; 3. One wood cut or electrotype of the mark, not to exceed 
ten centimetres (3^^ inches) in any direction. 



HONDURAS. 



There is uo law upon the subject, and we know of no way to obtain protec- 
;ion. 



HONG KONG. 



Trade marks are protected under the law of Oct. 16, 1873, as amended by The 
Trade Mark Ordinance, Amendment Ordinance, of 1886, Registration will be 
refused if the mark has already been registered by another, or if the mark is a 
colorable imitation of a mark already registered, or if it is calculated to deceive. 

The term of protection is practically unlimited. 

Documents required; 1, Petition in triplicate, signed by applicant before a 
Notary Public or a British Consul, preferably the latter ; 2 Description in tripli- 
cate, signed by the applicant before a Notary Public or a British Consul, preferably 
the latter ; 3. Six fac similes of the mark. 



HUNGARY. 



While a separate registration is required for Hungary, the law and practice 
is precisely the same as in Austria (which see). 

Documents required : Same as Austria (which see). 



INDIA. 



Trade marks are protected under the provisions of the Merchandise Marks 
Act of 1889. There is no special act for the registration of trade marks in India, 
but large numbers of trade marks are registered under the Indian Registration 
Act of 1877. The law is silent as to what shall be considered unregisterable. 

The term of protection is unlimited. 

Documents required: 1. Declaration, signed by the applicant; 2. Power of 
Attorney, signed by the applicant before a Notary Public ; 3, Five fac similes of the 
trade mark. 



TRADE MARKS. ^ 101 

ITALY. 



Trade marks are protected under the laws of March 12, 1855, and August 30, 
1868. The law is silent as to what shall be considered as unregisterable. The 
term of protection is forever. 

Documents kequiked : 1. Power of Attorney, signed by the applicant before 
a Notary Public, and legalized by an Italian Consul ; 2. A certified copy of the cer- 
tificate of registration of the country where the applicant resides, legalized by an 
Italian Consul ; 3. Four fac similes of the trade mark. 



JAMAICA. 



Trade marks arc protected under Laws No. 17 of 1888, No. 18 of 1888, and 
No. 22 of 1888. Any person carrying on any trade or manufacture within the Island, 
or the proprietor of any trade mark registered in England under the Patents, 
Designs and Trade Marks Act, 1883, may register his trade mark there. 

To be entitled to registration a mark must consist of or contain one or more of 
the following essential particulars: 1. The name of an individual or firm, printed, 
impressed or woven, in some particular or distinctive manner ; or 2. A written signa- 
ture or copy of a written signature of the individual or firm applying for registra- 
tion ; or 3. A distinctive device, mark, brand, heading, label, ticket, or fancy word 
-or words not in common use. There may be added to any one or more of these 
particulars, any letters, words or figures, or combination of letters, words or fig. 
lares, or any of them. Any special and distinctive word or words, letter, figure or 
combination of letters or figures, or of letters and figures, used as a trade mark 
prior to May 22, 18S8, may be registered as a trade mark, The term of protection 
is 14 years, but the mark may be renewed upon the register indefinitely every 14 
years. 

Documents eequieed : 1. Power of attorney, signed by applicant before a 
Notary Public, and legalized by a British Consul ; 2. Application for registration, 
signed by the applicant. If the application is made by a firm, it may be signed by 
some one or more members of such firm; if by a corporation, bj' the Secretary or 
other principal officer of such corporation, whose signature should be attested by 
the oflBcial seal of the corporation ; 3. Four fac similes of the mark. Whenever a 
mark consists of, or includes words printed in other than Roman characters, a 
translation of such words must be written at the foot or on the back of each copy, 
and this must be signed by the applicant or his attorney ; 4. A woodcut or electro- 
type of the mark ; 5. If the mark is registered in England under the provisions of 
the Patents, Designs and Trade Marks Act 1883, a copy of the entry in the register 
of such mark, must be furnished, which must be certified by the Comptroller Gen- 
eral, and be sealed with the seal of the Patent Office. 



JAPAN. 



The trade marks of natives are protected by a law which went into force upon 
Pebruary 1, 1889. The benefits of this law have not been extended to foreigners, 
however, and there is no way that we are aware of in which foreigners may secure 
protection, except by registering their marks in the name of a native agent' 



102 TRADE MAEKS. 

LAGOS. 



Trade marks are protected by the Merchandise Marks Ordinance of 1888, but 
as yet there is no provision for registration. In order to obtain proof of owner- 
ship, and to warn the public against counterfeiting, it is usual to advertise the mark 
in the official and local papers. 



LEEWARD ISLANDS. 



Trade marks are protected by Act No. 33 of 1887. The term of protection is 14 
years, but the mark may be renewed upon the register every 14 years indefi- 
niteljf. 

Documents eequieed: 1. Power of Attorney, signed by the applicant and two 
witnesses; 2. Six fac similes of the mark; 3. A woodcut or electrotype of the 
mark ; 4. Application to register, signed by the applicant. 



LIBERIA. 



At the date of our latest advices no law had been enacted upon this subject. 



LUXEMBOURG 



Trade marks are protected by the law of March 28, 1883, The law does not 
say what shall be unregisterable, but provides that all signs serving to distin- 
guish the products of an industry, or objects of commerce, may be registered as 
trade marks. The term of protection is ten years, but the mark may be renewed 
upon the register indefinitely, ten years at a time. 

As the United States has no trade mark treaty with Luxembourg, citizens of the 
United States can only secure protection under the following conditions : 1. When 
thej^ have a business establishment or depot for their goods in a country having 
such a treaty ; or 2. By registering the mark in the name of a resident of Luxem- 
bourg, or of a country having such treaty. 

DocuMEXTS EEQUIKED : 1. Power of Attorney, signed by the applicant ; 2. An 
electrotype of the mark which must not be more than 3i^ inches wide by 4 inches 
deep; 3. Four fac similes of the mark ; 4. A statement showing whether the mark 
is used in the same size as shown in the electjrotype, a«d if not, the size employed ; 
also the colors in which the mark is used, and the class of merchandise upon which 
it is used. 



MADAGASCAR 



So far as we are aware, there is no way in which protection can be secured. 



TEADE MARKS. 103 

MALTA. 



The fraudulent use of trade marks is prohibited in Article 281 of the Criminal 
Law, but no provision for registration exists. It is usual in order to establish a 
i-ecord of ownership and to warn the public against counterfeiting, to advertise the 
mark in the official and other journals in Malta. 



MAURITIUS. 



Trade marks are protected under Ordinance No. 18 of 1868. The law defines 
a trade mark as any name, signature, word, letter, design, emblem, figure, sign, 
seal, stamp, diagram, label, ticket or other mark lawfully used by any person, firm 
or corporation, to denote any article of trade, manufacture or merchandise. Any 
word, name or expression generally used to indicate an article to be of some parti- 
cular class or description of manufacture, is not a proper subject for registration. 
The tei-m of protection is practically unlimited. 

DocL'MEXTS EEQUIKED : 1. Power of Attorney, signed by the applicant and two' 
witnesses; 2. Five fao fcimiles of the mark ; 3. Three wood cuts or electrotypes of 
the mark. 



MEXICO. 



Trade marks arc protected by the law of Nov. 28, 1889. Foreigners can 
register their trade marks when they have an agency or establishment in Mexico 
for the sale of products bearing the mark, or when they manufacture the products 
there. Any arbitrary word or symbol or an entire label may be registered, but 
the mere name of an individual or firm cannot be. The term of protection is not 
limited, except that a mark is considered abandoned if the establishment using 
it is closed or stops its use for more than one year. 

Documents eequiked : 1. Power of Attorney, signed by the applicant before a 
Notary Public, and legalized by a Mexican Consul; 2. An officially certified copy of 
the certificate of registration of the country where the applicant resides, showing 
that the mark .is registered there ; this must be legalized by a Mexican Consul ; 3. 
Name and address of applicant's establishment or agent in Mexico, or a certified 
copy of a contract of agency, legalized by a Mexican Consul, showing that the ap- 
plicant has an agency or establishment in Mexico for the sale of the protected arti- 
cle. If the applicant has no established agent in Mexico at the time of making ap- 
plication for registration, a temporary agency can be arranged for until such time 
as a permanent agency is established ;. 4. Six fac similes of the mark. 



MONACO.— MONTENEGRO.— MOROCCO. 



These countries have no laws upon the subject of trade marks, and, so for 
is we know, there is no way in which protection can be secured. 



104' TEADE MAEKS. 

NATAL 



Trade marks are protected under Law No, 4 of 1885, and the Merchandise 
Marks Law of 1888. For the purposes of the Act, trade marks must consist 
of or contain at least one of the following essential particulars : 1. The name of an 
individual or firm, printed, impressed or woven in some particular or distinctive 
manner; 2. A written signature or a copy of a written signature of the individual or 
firm applying for the registration; 3. A distinctive device, mark, brand, heading, la- 
bel, ticket or fancy word or woi-ds not in common use. There may be added to one 
or more of these particulars,' any letters, words or figures, or combination of letters, 
words or figures, or any of them. Words, the exclusive use of which would, by 
reason of their being calculated to deceive or otherwise, be deemed disentitled to 
protection in the Supreme Court of Natal, or any scandalous design, are unregister- 
able. The term of protection is fourteen years, but the mark may be renewed upon 
the register every fourteen years indefinitely. 

Documents eequiked : 1, Power of Attorney, signed by the applicant and two 
witnesses; 2. Application for registration, signed by the applicant; 3, Four fac- 
.similes of the mark. 



NETHERLANDS. 
<See Holland). 

NEWFOUNDLAND. 



Trade marks are protected by the law of May 9, 1888. All marks, names, 
brands, labels, packages or other business devices which are adopted for use to 
distinguish any manufacture, product or commercial article are considered as trade 
marks. The Colonial Secretary may object to register any trade mark in the follow- 
ing cases: 1. If the trade mark proposed for registration is identical with or 
resembles a trade mark already registered ; 2, If it appears that the trade mark is 
calculated to mislead the public ; 3. If the trade mark contains any immoral or 
scandalous design ; 4. If the so-called trade mark does not contain the essen- 
tials necessary to constitute a trade mark properly speaking. The term of protec- 
tion is unlimited. 

Documents required : 1. Power of Attorney, signed by the applicant and two 
witnesses; 2. Description in duplicate, signed by the applicant and two witnesses; 
3. Drawing in duplicate, upon drawing board or tracing cloth, (no signature 
required) ; 4, Declaration, signed by the applicant before a British Consul or a 
Commissioner of Deeds of the Supreme Court of Newfoundland. 



NEW SOUTH WALES. 



Trade marks are protected by the Trade Marks Act of 1865. Any name, signa 
ture, word, letter, device, emblem, label, ticket or other mark of any other des- 
cription lawfully used by any person to denote any chattel, or any article of trade, 
manufacture or merchandise, to be an article or anything manufactured, produced 
or sold by said person, is considered as a trade mark. A mark already registered or 
shown to be the property of another, or which so closely r<;sembles some other 
mark as to bo mistaken for the same, is not considered registerable. 



TRADE MARKS. 105 

Documents kequieed : 1. Application to register, signed by the applicant; 2. 
Appointment of agent, signed by the applicant ; 3. Three facsimiles of the mark. 



NEW ZEALAND. 



Trade marks are protected under the Patents, Designs and Trade Marks 
Act, 1889. For the purpose of the Act a trade mark must consist of or contain at 
least one of the following essential particulars: 1. A name of an individual 
or firm, printed, impressed or woven in some particular and distinctive manner; 
or 2. A written signature or copy of a written signature of the individual or firm 
applying for registration ; or 3. A distinctive device, mark, brand, heading, label 
or ticket ; or 4. An invented word or words ; or 5. A word having no reference 
to the character or quality of the goods, and not being a geographical name. There 
may be added to any one or more of these essential particulars any letters, words 
or figures, or combination of letters, words or figures, or any of them, but in such 
€ase the applicant must state the essential particulars of the trade maik and 
disclaim any right to the exclusive use of the added matter. But a person need not 
disclaim his own name or the foreign equivalent thereof, or his place of business, 
but no entry of any such name shall effect the right of any person of the same 
name or the foreign equivalent thereof. Any special and distinctive word or words, 
letter or figure, or combination of letters or figures, or of letters ar.d figures, used 
as a trade mark prior to Sept. 2, 1889, may be registered as a trade mark. A trade 
mark identical with one with respect to the same goods, or one having such a 
resemblance to a trade mark already on the register as to be calculated to deceive, 
or any words the use of which would, by reason of their being calculated to deceive or 
otherwise, be deemed disentitled to protection in a Court of Justice, or any 
scandalous design, are unregisterable. The term of protection is 14 years, but the 
mark may be renewed upon the register every 14 years indefinitely. 

Documents eequired : 1. Statement of address and appointment of agent, signed 
by the applicant ; 2. An application to register, signed by the applicant ; 3. Four 
facsimiles of the mark ; 4. A woodcut or electrotype of the mark. This should be 
as small in size as possible. If it occupies more than two inches of space in the 
Gazette the applicant must pay 2 shillings for each additional inch or part of 
an inch. 



NICARAGUA. 



There is no law upon the subject of trade marks, and we know of no effective 
way in which marks may be protected. 



NORWAY. 



Trade marks are protected wilder the law of May 26, 1884. The following 
are unregisterable : Marks composed exclusively of numbers, letters or wordSj 
I which are not in such a distinctive form that they may be considered as 
•*■ trade marks ; 2. Tliose which contain, without authority, another personal or com- 
mercial name than that of the applicant, or the nan^e of a property belonging to 
another ; 3. Those which contain public arms or stamps ; 4. Those that contain 
designs or other representations of a scandalous nature; 5. Marks identical with 
marks already registered for the same goods, or for which application for registia- 



106 TKADE MARKS. 

tion has been made by another, and those which so closely resemble such marks, 
^except in differences of detail, that the marks may be easily confounded as a whole. 
'The term of protection is ten years, but the mark may be renewed upon the 
register, indefinitely, every ten years. 

Documents eequieed : 1. Power of Attorney, signed by the applicant before 
a Notary Public, and legalized by a Norwegian Consul ; 2. A certified copy of the 
certificate of registration of the country where applicant resides ; this must be 
legalized by a Norwegian Consul ; 3. Four facsimiles of the mark ; 4. Two wood 
cuts or electrotypes of the mark, not to be more than 4 inches wide by 5^ inches 
long; 5. A description of the mark, its colors, and the articles for which it is used 
and the manner of employing it. 



ORANGE FREE STATE. 



Trade marks are protected by Ordinance No. 3 of 1891. A trade mark must 
consist of or contain one or more of the following essential particulars : 1. A name of 
an individual or firm printed, impressed or woven in a special and distinctive 
manner ; 2. A written signature or a copy of a written signature of an indivi- 
dual or firm; 3. A distinctive sign, mark, heading, label or ticket. To any ono 
or more of these particulars may be added any distinctive letters, names or num- 
bers, or combination of letters, names or numbers ; 4. Any special or distinctive 
word or words, or combination of letters and words, or of letters or words, used 
before June, 1891. Trade marks identical with, or which closely resemble a trade 
mark already registered ; words calculated to deceive the public, or obscene draw- 
ings and dcA'ices, are unregisterable. The term of protection is limited only by 
the time of use. 

Documents eequieed: 1. Power. of Attorney, signed by the applicant before 
a Notary Public, and legalized by a Consul of the Orange Free State ; 2. Application 
for registration, signed bj" the applicant; or incase of a firm, by someone or more 
members of such firm ; if by a corporation, by the Secretary or other principal 
officer, who should add the words "for the Company" ; 3. Declaration, signed by 
the applicant before a Notary Public, and legalized by a Consul for the Orange 
Free State ; 4. Five facsimiles of the mark; 5. Two woodcuts or electrotypes of 
the mark. 



PARAGUAY. 



Trade marks are protected under the law of Aug. 5, 1892. The law recognizes 
as marks of trade or commerce: The denominations of objects or the names of 
persons in a particular form, emblems, monograms, engravings, stamps, seals, 
vfgnettes and reliefs, letters and numbers in a special design, the wrappers or 
envelopes of objects, and any other sign that can serve to distinguish the products 
of a manufacture or objects of commerce. The following are unregisterable: 
1. Letters, words, names or distinctions that are used or that may be used by the 
State ; 2. The form that is given to the products by the manufacturers ; 3. The 
color of the products ; 4. Terms or phrases that have passed into general use ; 
5. Designations usually employed to indicate the nature of the products or the 
class to which they belong; 6. Designs or expressions contrary to morals. The 
term of protection is ten years, but the mark may be renewed upon the register 
every ten years indeflnitel3\ 

Documents eequieed : 1. Power of Attorney, signed by the applicant, and 
legalized by a Paraguayan or Argentine Consul ; 2. Six facsimiles of the mark ; 
8. Description of the mark, with an indication of the class of product or merchan- 
dise to which it is applied, and the manner of its employment. 



TEADE MAEKS. 107 

PERSIA. 



There is no law upon the subject, and no way, so far as we are aware, by 
which protection can be obtained. 



PERU, 



Trade marks are protected by the law of Oct. 25, 1892. Denominations 
of objects, names of persons written in a special form, emblems, monograms, 
engravings or designs, seals, vignettes, reliefs, envelopes, covers or wrappers of 
articles, and in general, any sign serving to distinguish a manufacture or article 
of manufacture from others, are regarded as trade marks. The following are un- 
registerable : 1. Letters, words, names or distinctions which are used or which 
may be used by the State ; 2. The form which the manufacturer has given to the 
article; 3. The color of the product; 4. Terms or phrases in general use; 5. 
Designations generally employed to indicate the nature of the products, or the 
class to which they pertain ; 6. Immoral expressions or designs. The term of 
protection is ten years, but the mark may be renewed upon the register for ten 
years additional. 

Documents kequiked ; 1. Power of Attorney, signed by the applicant before 
a Notary Public, and legalized by a Peruvian Consul ; 2, Four facsimiles of the 
mark ; 3. A certified copy of the certificate of registration in the country where 
the applicant resides, legalized by a Peruvian Consul. 



PORTUGAL. 



Trade marks are protected under the law of June 4, 1883. All signs that 
serve to distinguish the products of a particular industry or the articles 
of a trade are considered as trade marks ; and for such purposes, special designa- 
tions may be adopted, such as emblems, engravings, stamps, embossing, seals, bor- 
ders, drawings, letters, devices, and the signatures of individuals and firms in a 
distinctive form. The following are unregisterable : Simple words, letters or num- 
bers, not in a distinctive form ; marks containing words or drawings offensive to 
morality or good custom ; a mark already in use by another or that may be con- 
founded with that of another. Every manufacturer who in his mark indicates the 
locality of his factory or commercial house, must add thereto the style of his firm or 
his proper name. 

Documents Eequieed : 1. Power of Attorney, signed by the applicant before a 
Notary Public, and legalized by a Portuguese Consul ; 2. Eight facsimiles of the 
mark. 



PORTUGUESE COLONIES. 



Trade marks are protected by decree of the 16th April, 1892. Trade marks 
can be registered for the Portuguese Colonies of Cape Verde, St. Thomas and 
Prince, and Angola, a single registration covering these three Colonies. The condi- 
tions of registration and term of protection are the same as in Portugal. 



108 TRADE MARKS. 

Documents eequired : I. Power of Attorney, signed by the applicant before 
a Notary Public, and legalized by a Portuguese Consul ; 2. Twelve facsimiles of the 
mark ; 3. Description of the mark, showing how it is applied, as well as a state- 
ment of the name, nationality, occupation and domicile of the proprietor of the 
mark, or place of his commercial or industrial establishment, and the articles upon 
whicli the mark is used. 



QUEENSLAND. 



Trade marks are protected under the Patents, Designs and Trade Marks 
Acts, 1884 to 1890. For the purposes of the Act, a trade mark must consist 
of or contain at least one of the following essential particulars : 1. A name 
of an individual or firm, printed, impressed or woven in some particular and dis- 
tinctive manner ; or 2. A written signature or copy of a written signature of the 
individual or firm applying for registration ; or 3. A distinctive device, mark, brand, 
heading, label or ticket ; or 4. An invented word or invented words ; or 5. A word 
or words having no reference to the character or quality of the goods and not being 
a geographical name. There may be added to any one or more of these essential 
particulars, any letters, words or figures, or combination of letters, words or fig- 
ures, or any of them, but the applicant must state the essential particulars of the 
mark, and disclaim any right to the exclusive use of the added matter. A person 
need not disclaim his own name, or the foreign equivalent thereof, or his place 
of business, but any entry of any such name shall not affect the right of the Ovvner 
■of the same name or foreign equivalent thereof to use the same. Any special and 
distinctive word or words, letters, figures or combination of letters or figures, or of 
letters and figures used as a trade mark before Oct. 14, 1884, may be registered. 
The term of protection is 14 years, but the mark may be renewed upon the regis- 
ter*indefinitely for 14 years at a time. 

Documents eequiked: 1. Statement of address and appointment of agent, 
signed by the applicant; 2. Application to register, signed by the applicant; 3. 
Pour facsimiles of the mark ; 4. A wood cut or electrotype of the mark ; this should 
be as small as possible ; if it occupies more than two inches of space in the Gazette, 
the applicant must pay 2 shillings for each additional inch. 



ROUMANIA. 



Trade marks are protected under the law of May 28, 1879. All signs serving to 
distkiguisn tne products of an industry, names in a special form, denominations, 
imprints, stamps, seals, reliefs, vignettes, numbers, envelopes and other similar 
signs are considered as trade marks. Letters, monograms, or arms of the State 
or of the Commune are not considered as proper subjects for registration. The 
term of protection is 15 years and the mark may be renewed upon the register for 
a further term of 15 years. 

Documents eequiked : 1. Power of Attorney, signed by the applicant before 
a Notary Public, and legalized by a Roumanian Consul, or where there is no such 
official in the country, simply signed by the applicant before a Notary Public ; 2. 
Pour facsimiles of the mark. 



RUSSIA. 



Citizens or subjects of Belgium, Germany, France, Great Britain, Italy, the 
^Netherlands, Austria-Hungary, Roumania, the United States and Spain can 
register tneir trade marks in Russia. 



TEADE MAEKS. 109 

The following are unregisterable : Factory or trade marks that have represen- 
tations from the Holy Scriptures. Marks that bear the Eussian coat-of-arms can 
only be registered when a certificate of authorization to use same is produced. 
The term of protection is unlimited, except that it will cease on the termination of 
a treaty relating thereto. 

Documents eequieed : 1. Power of Attorney, signed by the applicant before a 
Notary Public, and legalized by a Eussian Consul: 2. A certified copy of the certif- 
icate of registration in the country where the applicant resides. This must be 
legalized by a Eussian Consul ; 3. Six facsimiles of the trade mark. 



ST. LUCIA. 



Protection is granted to owners of trade marks by Act 22 of September 21,. 
1888, relating to the fraudulent marking of merchandise. There is as yet no pro- 
vision for the registration of trade marks, and it is usual in order to secure 
evidence of ownership, and to warn the public against counterfeiting, to advertise 
the mark within the Colony in the official and other papers. 



ST. VINCENT. 



Protection is granted to owners of trade marks by Act No. 8 of April 5, 1888, 
relating to the fraudulent marking of merchandise. There is as yet no provision 
made for the registration of trade marks, and it is usual in order to establish evi- 
dence of ownership and to warn the public against counterfeiting, to advertise 
trade marks in the official and other journals of the colony 



SAMOA. 



At the date of our latest advices there was no law upon the subject. 



SANDWICH ISLANDS. 

(See Hawaii). 



SAN DOMINGO.— SAN SALVADOR. 



So far as we are aware there are no laws in these countries relating to trade f 
marks, and no way in which trade marks may be effectually protected. 



SERVIA. 



The term of protection is ten years, but the mark may be registered for an ad- 
ditional term of ten years. 

Documents required : 1. Power of Attorney, signed by the applicant before a 
Notary Public and legalized by a Servian Consul; 2. Five facsimiles of the mark. 



110 TKADE MAEKS. 

SIAM. 



An attempt "was made to pass a law for the protection of trade marks during 
the year 1888, but owing to objections made by tlio Austrian Consul, the bill was 
ilefeated. There is no way that we know of in vrhich protection may bo secured. 



S'ERRA LEONE, 



Protection is afforded under the provisions of the Merchandise Marks Act of 
1888. There is no provision for the registration of trade marks in the colony, how- 
ever, and it is usual in order to establish evidence of ownership, and to wai'n in- 
fringers, to advertise the mark in the official and local papers. 



SOUTH AFRICAN REPUBLK 



Trade marks are protected by law No. 6 of May 31, 1892. A mark may not con- 
sist exclusively of ordinary letters or words, nor may it contain the coat of arms of 
the South African Republic, nOr words offensive to public decency. Applicant must 
advertise the fact that he has made application for registration, in one of the news- 
papers in the town or district where he resides, within thirty days after filing the 
xipplication, and produce a copy of the newspaper in which the advertisement ap- 
pears. The term of protection is unlimited. 

Documents eequieed : 1. Power of Attorney, signed by the applicant before a 
l!^otary Public and legalized by a consul of the South African Republic, or a consul 
of the Netherlands ; 2. Five facsimiles of the mark; 3. A drawing of the mark upon 
any suitable material and of any size; 4. A woodcut or electrotype of the mark; 
5. A description of the mark with an indication of the class of merchandise to which 
it belongs, and the manner of its emploj'ment. 



SOUTH AUSTRALIA. 



Trade marks are protected under the Trade Marks Act of 1892. For the pur- 
.poses of the Act a trade mark must consist of or contain one or more of the following 
essential pai'ticulars : 1. A name of an individual or firm printed, impressed or woven 
in some particular and distinctive manner; or 2. A written signature or copy of 
a written signature of the individual or firm applying for registration ; or 3. A 
distinctive device, mark, brand, heading, label or ticket ; or 4. An invented word or 
words ; or 5. A word or words having no reference to the character or quality of 
the goods, and not being a geographical name. There may be added to any one or 
more of these essential particulars, any letters, Avords or figures, or combination 
of letters, words or figures, or of any of them, but the applicant must' state the 
essential particulars, and disclaim any right to the exclusive use of the added 
matter ; but a person need not disclaim his own name or the foreign equivalent 
thereof, or his place of business, but the entry of any such name will not affect the 
right of another person of any such name, to use that name or the foreign equivalent 
thereof. 

Any special or distinctive word or words, letters or figures, or combination of 
letters or figures, or of letters and figures used as a trade mark before December 
17, 1892, may be registered. The term of protection is 14 years, but the mark may 
be renewed upon the register for 14 years at a time indefinitely. 

Documents Eequieed : 1. Application to register, signed by the applicant ; 2. 
Appointment of agent, signed by applicant ; 3. Foiir facsimiles of the mark ; 4. A 
wood cut or electrotype of the mark. 



TRADE MARKS. Ill 

SPAIN 



Trade marks are protected under the royal decree of November 20, 1850. The 
following are unregisterable : The royal arms, and Spanish insignia and decorations, 
and marks already registered for the same purpose. The term of protection is un- 
limited. 

Documents Requiked : 1. Power of Attorney, signed by the applicant , 2, A 
<;ertified copy of the certificate of registration of the country where the applicant 
resides, legalized by a Spanish Consul ; 3. Four facsimiles of the mark ; 4. A wood 
<cut or electrotype of the mark, which must not be more than 2^ inches long or wide. 



STRAITS SETTLEMENTS. 



Trade marks are protected by the Merchandise Marks Act of 1888. There is as 
yet no provision for the registration of trade marks, and it is usual in order to 
establish evidence of ownership, and to warn the public against counterfeiting, to 
advertise the mark in the official and local papers. 



SWEDEN. 



Trade marks are protected by the law of July 5, 1884. The follo,wing are un- 
registerable : 1. Marks consisting exclusively of figures, letters or words when they 
are not in such a distinctive form that they can be considered as a figure mark ; 
2. Marks improperly containing a personal or commercial name other than that 
of the applicant, or the name of an estate belonging to a third party; 3. Marks 
containing public arms or stamps ; 4. Or representations of an offensive or obscene 
character; and 5. A mark identical with another already registered for the same 
class of goods, or with one for which an application for registration has already 
l)een filed, or which so nearly resembles such a mark that notwithstanding dis- 
similarity in some respects, they may be easily confounded one with the other. 
The term of protection is 10 years, but the mark may be renewed upon the 
register every 10 years indefinitely. 

Documents Required : 1. Full name and address of the proprietor of the 
trademark; 2. A full description of the trade mark, and of the articles for which 
it is used, and the manner of employing it ; 3. Two wood cuts or electrotypes of the 
trade mark, not exceeding 15 centimeters (5^ inches) in length, by 10 contimeters 
(4 inches) in width ; 4. Four facsimiles of the trade mark, of the same size as the 
wood cut or electrotype ; 5. A certified copy of the certificate of registration in the 
country where the applicant resides, showing that the ta'ade mark is registered in 
that country, and is the sole property of the petitioner. This certificate must be 
legalized by a Swedish Consul ; G. A powder of attorney, signed by the applicant. 



SWITZERLAND. 



Trade marks are protected under the law of September 26, 1890. The follow- 
ing are unregisterable : Public arms, and other signs that may be considered the 
property of the State, or public property, and any design or representation contrary 
to good morals. The term of protection is 20 years, bat the mark may be 
renewed upon the register for an additional term of 20 years. 

Documents eequiked : 1. Power of Attorney, signed by the applicant, and 
legalized by a Swiss Consul ; 2. A certified copy of the certificate of registration 
in the country where the applicant resides, legalized by a Swiss. Consul ; 
3. One woodcut or electrotype, which must not be more than 4 inches lang ; 4. 
Four facsimiles of the trade mark. 



112 TKADE MAEKS. 

TASMANIA. 



Trade marks are protected under the Patents, Designs and Trade Marks Act of 
1893. For the purposes of the Act, a trade mark must consist of or contain at 
least one of the following essential particulars : 1. The name of an individual or 
lirm, printed, impressed or woven in some particular and distinctive manner ; 2. 
A written signature, or copy of a written signature of the individual or firm apply- 
ing for registration ; 3. A distinctive device, mark, brand, heading, label or ticket ; 
4. An invented word or invented words ; 5. A word or words having no reference 
to the character or quality of the goods, and not being a geographical name. There 
may be added to any one or more of these essential particulars, any letters, words 
or figures, or combination of letters, words or figures, or of any of them, but the 
applicant must disclaim any right to the exclusive use of the added matter. A 
person need not, however, disclaim his own name or the foreign equivalent thereof, 
or his place of business, but any entry of any such name shall not affect the right 
of an owner of the same name to use such name or the foreign equivalent thereof. 
Any special and distinctive word or words, letter, figure or combination of letters 
or figures, or of letters and figures, used as a trade mark prior to January 1, 1894, 
may be registered. The term of protection is 14 years, but the mark may be re- 
newed upon the register indefinitely for 14 years at a time. 

Documents keqtjieed : 1. An application to register, signed by the applicant. 
2. Three facsimiles of the mark ; 3. An appointment of agent, signed by the ap- 
plicant. 



TRINIDAD. 



Trade marks are protected under the Merchandise Marks Act of 1888. There 
is no provision for the registration of trade marks, and it is usual, in order to es- 
tablish evidence of ownership, and "to warn the public against counterfeiting, to ad- 
vertise the mark in the official and local papers. 



TUNIS. 

Trade marks are protected under the law of June 3, 1889. The law defines a 
trade mark as : a name in a distinctive form, denominations, emblems, imprints, 
stamps, seals, vignettes, reliefs, letters, figures, wrappers, and all other signs serv- 
ing to distinguish the products of an industry, or objects of commerce. It does 
not state what shall be considered as unregisterable. The term of protection is 
15 years, but the mark may be renewed upon the register every 15 years in- 
definitely. 

Documents required: 1. Power of Attorney, signed by the applicant; 2. 
Four facsimiles of the mark; 3. A woodcut or electrotype of the mark. 



TURKEY. 



Trade marks are protected under the law of April 28, 1888. The law defines a 
trade mark to be : names in a distinctive form, denominations, seals, stamps, em- 
blems, letters, numbers, wrappers, and all other distinctive signs serving to dis- 
tinguish the products of a manufacture, the place of the manufactory, or the fac- 
tory from which the products come ; the names of and denominations of the manu- 
factures, the names of the manufacturers, and of those who do business in the 
products. Seditious emblems, or those contrary to morals or good customs can- 



TRADE MABKS. 113 

not be registered. The term of protection is 15 years, but the mark may be re- 
newed upon the register every 15 years indefinitely. 

Documents requiked : 1. Power of Attorney, signed by the applicant, before 
a Notary P^iblic, and legalized by a Turkish Consul ; 2. One woodcut or electro- 
type of the mark ; 3. Five facsimiles of the mark. 



URUGUAY. 



Trade marks are protected under the law of March 1, 1877. The law defines 
as registerable : denominations of objects, or names of persons in a distinctive 
form ; emblems, monograms, engravings or stamps, seals, vignettes and reliefs, 
letters and numbers in a special design, wrappers and envelopes, and every other 
sign by means of which products may be distinguished from others. The following 
are unregisterable : 1. Letters, words or signs used by or which may be used by 
the State ; 2. The form given to the products ; 3. The color of the products ; 4. 
Terms or phrases that have passed into general use ; 5, Designations usually em- 
ployed to distinguish the nature of the products or the class to which they belong ; 
0. Expressions or designs contrary to morals. The term of protection is ten years, 
but the mark may be renewed upon the register every ten years indefinitely. 

Documents eequibed : 1. Power of Attornev, signed by the applicant before 
a Notary Public, and legalized by a Uruguayan Consul ; 2. Six facsimiles of the 
mark. 



VENEZUELA. 



Trade marks are protected un'der the law of January 7, 1878, The following are 
unregisterable : Trade marks which are found unlawful, or which contain only the 
name of a person, firm or corporation, without a mark sufficient to distinguish it 
from the same name if used by another ; or marks which bear any close resem- 
blance to a mark already registered. The term of protection is 30 years, but the 
mark may be re-registered for an additional 30 years. If, however, the mark is ap- 
plied to articles manufactured outside of the country, the term of protection is 
limited to the term of protection granted in the country where the applicant re- 
sides. 

Documents requiked : 1. Power of Attorney, signed by the applicant before 
a Notary Public, and legalized by a Venezuelan Consul ; 2. Six facsimiles of the 
mark ; 3. A certified copy of the certificate of registration in the country where the 
applicant resides, legalized by a Venezuelan Consul. 



VICTORIA. 



Protection is granted under the Merchandise Marks Act of 1889, and the Trade 
Marks Act, 1890. Fc r the purposes of the Act, trade marks must consist of or con- 
tain at least one of the following essential particulars : 1. A name of an individual 
or firm, printed, impressed, or woven in some particular and distinctive manner ; 
2. A written signature or copy of a written signature of the individual or firm ap- 
plying for registration ; 3. A distinctive device, marlc, brand, heading, label or 
ticket ; 4. An invented word or invented words ; 5. A. word or words having no 
reference to the character or the quality of the goods and not being a geographical 
name. There may be added to any one or more' of these essential particulars, 
any letters, words, or figures, or combination of letters, words or figures, or of any 
of them, but the applicant must state the essential particulars, and disclaim any 



114 TRADE MARKS. 

right to the exclusive use of the added matter. But a person need not disclaim 
his own name, or the foreign equivalent thereof, or his place of business, but no 
entry of any such name shall effect the right of any owner of the same name to use 
that name or the foreign equivalent thereof. Any special and distinctive word or 
words, letter, figure, or combination of letters and figures, used as a trade mark 
prior to September 19, 1876, may be registered. 

DoctTMENTS REQUiEED : 1. Application to register, signed by applicant ; 2. 
Four facsimiles of tne mark ; 3. A woodcut or electrotype of the mark. This 
should be as small as possible ; if it occupies more than two inches of space in 
the Gazette, the applicant must pay two shillings for each additional inch. 



WESTERN AUSTRALIA. 



Trade marks are protected under the Act of August 27, 1884. For the pur- 
poses of the Act, a trade mark must consist of or contain at least one of the fol- 
lowing particulars ; 1. A name of an individual or firm, printed, impressed or 
woven in some particular and distinctive manner ; or 2. A written signature or 
copy of a written signature of the individual or firm applying for registration ; or 
3. A distinctive device, mark, brand, heading, label, ticket, or fancy word or words 
not in common use. There may be added to any one or more of these particulars, 
any letter, words, or figures, or combination of letters, words, or figures, or any of 
them. The following cannot be registered : A trade mark so nearly resembling a 
mark already on the register with respect to the same goods, or description of 
goods, as to be calculated to deceive ; any words, as part of or in combination with 
a trade mark, the exclusive use of which, would by reason of their being calculated 
to deceive or otherwise, be deemed disentitled to protection in a court of justice, 
and any scandalous design. 

Documents eeqtjieed: 1. Application to register, signed by the applicant; 
2. Four fac similes of the mark ; 3. A woodcut or electrotype of the mark. This 
should be as small as possible. If it occupies more than two inches of space in the 
Gazette, the applicant must pay two shillings for each additional inch ; 4. Appoint- 
ment of agent, signed by applicant. 



ZULULAND. 



This colony has adopted the trade mark law of Natal, a separate registration 
being required. For the purposes of the Act a trade mark must consist of or con- 
tain at least one of the following essential particulars : 1. The name of an indi- 
vidual or firm printed, impressed or woven in some particular and distinctive man- 
ner ; 2. A written signature or a copy of a written signature of the individual or firm 
applying for the registration ; 3. A distinctive device, mark, brand, heading, label, 
ticket, or fancy word or words not in common use. There may be added to any one 
or more of these particulars any letters, words or figures, or combination of letters, 
words or figures, or any of them. Words, the exclusive use of which would, by rea- 
son of their being calculated to deceive or otherwise, be deemed disentitled to pro- 
tection in the Supreme Court, or any scandalous design are unregisterable. 

The term of protection is fourteen years, but the mark may be renewed upon 
the register every fourteen years indefinitely. 

Documents required : 1. Power of Attorney, signed by the applicant and two 
witnesses; 2. Application for registration, signed by the applicant; 3. Four fac- 
similes of the mark. 



NDEX, 



GENERAL INFORMATION. 



l>AGfi. 

CONFIRMATION OF INVALID PATENTS 3 

COMPULSORY LICENSES 4 

EXECUTION OF DOCUMENTS 3 

EXAMINATION AS TO NOVELTY, PATENTS 5 

EXAMINATION AS TO NOVELTY, TRADEMARKS 6 

IMPORTATION OF PATENTED ARTICLES i 

MARKING OF PATENTED ARTICLES 4 

PATENTS FOR COMMUNICATED INVENTIONS. 4 

PROVISIONAL PATENTS OR CAVEATS 3 

TIME REQUIRED TO OBTAIN PATENTS 4 

TIME REQUIRED TO OBTAIN TRADE MARK REGISTRATION 5 



COUNTRIES. 



PATENTS. 

ABYSSINIA. 7.... 

ADEN, BRITISH ARABIA. See India 

AFGHANISTAN 

ALGERIA. See France 

ANDAMAN ISLANDS. See India 

ANGOLA. See Portuguese Colonies 

ANGUILLA. See Leeward Islands 

ANTIGUA. See Leeward Islands 

ARGENTINE REPUBLIC 

AUSTRIA 

AUSTRALIA. See New South Wales. New Zealand, Queensland, South 

Australia, Tasmania, Victoria and Western Australia 

AZORES ISLANDS. See Portugal 

BAHAMA ISLANDS 

BALEARIC ISLANDS. See Spain 

BARBADOS 

BELGIUM 

BERMUDA 

BOHEMIA. See Austria 

BOLIVIA.... 

BOSNIA. See Austria 8. 

BRAZIL 14. 

BRITISH BECHUANALAND 15. 

BRITISH BURMAH. See India 42. 

BRITISH COLUMBIA. See Canada 19. 

BRITISH GUIANA 16. 



TRADE MARKS. 



.100 
. 89 
. 97 
.100 
.107 
.102 



.107 
. 90 
.111 
. 90 
, 90 
. 90 



. 91 
. 91 
.100 
. 92 



116 



IKDEX. 



BRITISH HONDURAS 

BRITISH NORTH BORNEO 

BULGARIA 

CAMBODIA. See France 

CANADA 

CANARY ISLANDS. See Spain 

CAPE COLONY; CAPE OF GOOD HOPE 

CAPE VERDE ISLANDS. See Portuguese Colonies. 

CAUCASUS, THE. See Russia 

CEYLON 

CHANNEL ISLANDS 

CHILI 

CHINA, EMPIRE OF 

COCHIN CHINA. See France 

COLOMBIA.. 

CONGO FREE STATE 

COREA 

CORSICA. See France 

COSTA RICA 

CUBA. See Spain 

CURASAO. See Dutch West Indies 

CYPRUS 

DANISH WEST INDIES 

DENMARK 

DOMINICA. See Leeward Islands 

DUTCH EAST INDIES 

DUTCH WEST INDIES 

ECUADOR 

EGYPT 

FALKLAND ISLANDS 

FAROE ISLANDS 

FIJI ISLANDS 

FINLAND 

FRANCE 

FRENCH GUIANA. See France 

GAMBIA 

GERMANY 

GIBRALTAR 

GOLD COAST COLONY 

GREAT BRITAIN 

GREECE 

GRENADA 

GUADELOLTE. See France 

GUATEMALA 

HAWAII 

HAYTI 

HERZEGOVINA. See Austria 

HOLLAND. (Netherlands) 

HONDURAS 

HONG KONG 

HUNGARY 

ICELAND 

INDIA 

INTERNATIONAL UNION 

ITALY 

ISLE OF MAN. See Great Britain 

JAMAICA 

JAPAN 

JAVA. See Dutch East Indies 

KEEWATIN. See Canada 

L ABR AD OR. See Canada and Newfoundland 

LACCADIVES ISLANDS. See India 

LAGOS 

LA REUNION. See France 



TRADE MARKS. 



18 


92 




93 


31 ; . . 


. , 97 


19 


93 


73 


111 


20 


93 


64 


107 


66 


108 


21 


93 


22 




90 


94 


23 


94 


31 

24 


97 

94 


25 


95 


25 


95 


31 


97 


25 


95 


73 


Ill 


97 


96 


26 

26 


95 


26 


95 


48 


. . 103 




95 


^ 


96 


28 


96 


28 


96 


29 


96 


29 




29 


96 


30 


97 


31 


97 


31 


97 


33 

33 


97 


35 

35 

36 


98 

98 

98 


38 . .. 


99 


38 


99 


3L 


97 


38 


99 


39 


... 99 


40 


99 


8 


. .. 89 




100 


4( 


100 


41 


100 


41 


100 


42 




42 


100 


44 


44 


45 


101 


36 


98 


46 


....101 


47 


101 


27 


95 


19 


92 


19-55 


. 93-104 


42 


100 


48 


103 


31 


97 



INDEX. 



117 



TRADE MARKS. 



LEEWARD ISLANDS •••• ^ 

LIBERIA ^^ 

LUXEMBOURG 50 

MA^AU AND TIMOR. See Portuguese Colonies 64 

MADAGASCAR • 51 

MADERIA ISLANDS. See Portugal 63 

MALACCA. See Straits Settlements 74 

MALTA 51 

MANITOBA. See Canada 

MARQUESAS ISLANDS. See France '. 

MARTINIQUE. See France 

MAURITIUS 

MEXICO 

MONACO 

MONTENEG RO 

MONTSERRAT. See Leeward Islands 

MOROCCO 

MOZAMBIQUE. Sec Portuguese Colonies 

MIQUELON. See France. 

NATAL 

NETHERLANDS. (Holland.) 

NEVIS. See Leeward Islands 

NEW BRUNSWICK. See Canada 

NEW CALEDONIA. See France 

NEWFO UNDLAND 

NEW GRENADA. See Colombia 

NEW SOUTH WALES 

NEW ZEALAND 

NICOBAR ISLANDS. See India 

NICARAGUA 

NORWAY 

NOVA SCOTIA. See Canada 

ONTARIO. See Canada 

ORANGE FREE STATE 

PANAMA. See Colombia 

PARAGUAY 

PENANG. See Straits Settlements 

PERSIA 

PERU 

PHILIPPINE ISLANDS. See Spain 

POLAND. See Russia 

PORTO RICA. See Spain 

PORTUGAL 

PORTUGUESE COLONIES 

PORTUGUESE GUIANA. See Portuguese Colonies 

PORTUGUESE INDIA. See Portuguese Colonies 

PRINCE EDWARD ISLAND. See Canada 

PROVINCE WELLESLEY. See Straits Settlements 

PRUSSIA. See Germany 

QUEENSLAND 

QUEBEC. See Canada 

RO UM ANIA 

RUSSIA 

ST. HELENA 

ST. LUCIA 

ST. PIERRE. See France 

ST. THOMAS AND PRINCE. See Portuguese Colonics 

ST. VINCENT 

SAMOA 

SANDWICH ISLANDS. See Hawaii 

SAN DOMINGO 

SAN SALVADOR 

SARDINIA. See Italy 

SAXONY. See Germany 



68. 



.102 
.103 
,102 
.107 
.102 
.107 
.111 
.103 
. 92 
. 97 
, 97 
,103 
.103 
.103 



.107 
. 97 
.104 
.100 
.102 
. 93 
. 97 
.104 
. 94 
.104 
.105 
.100 
.105 
.105 
. 92 
. 92 
.106 
. 94 
.106 
.111 
.107 
.107 
.111 
.108 
.111 
.107 
.107 
.107 
.107 
. 92 
.111 
. 97 
.108 
. 92 
.108 
.108 



.109 
. 97 
.107 
.109 



.109 
.101 
. 9T 



118 



INDEX. 



PATENTS. TRADK MARKS 



SCOTLAND. See Great Britain 


36 


.. . 98 


SENEGAMBIA. See France .... 


31 


97 


SERVIA 


70 


109 


SIAM , 


70 

66 


110 


SIBERIA. See Russia 


108 


SICILY. See Italy 


. .. . 45 


101 


SIERRA LEONE . 


70 


110 


SINGAPORE. See Straits Settlements , . . . 


. 74 


....111 


SOUTH AFRICAN REPUBLIC... 


70 


110 


SOUTH AUSTRALIA 


72 , 


110 


SPAIN 


73 , 


Ill 


STRAITS SETTLEMENTS 


74 


, Ill 


SURINAM. See Dutch West Indies 


27 , 


.... 96 


SWEDEN 


75 , 


Ill 


SWITZERLAND 


77 


Ill 


TAHITI. See France 


31 


97 


TASMANIA 

TONQUIN. See France 

TRINIDAD 


79 , 

31 


112 

.... 97 


80 


112 


TUNIS 


81 


112 


TURKEY. 


.... 82 


112 


URUGUAY 


83 , 


113 


VENEZUELA 


84 


113 


VICTORIA. .... 


85 , 


113 


VIRGIN ISLANDS. See Leeward Islands 


48 


....102 


WALES. See Great Britain 


36 , 


.... 98 


WESTERN AUSTRALIA 


86 , 


....114 




33 . 


97 


ZANZIBAR 


87 




ZULULAND 


88 


114 



ros "' 



'j:;l4 



THIRD EDITION-AUGUST, 1894 



New York Cable Address ; Washington Cable Address : 

" RiCHPATENT, NeWYORK. " RiCHARDS, WASHINGTON.' 



GENERAL INFORMATION 



RELATING TO 



IPATENTS 



% Trademarks. 

-< INCLUDING ALL THE 

I PRINCIPAL COUNTRIES 



WORLD 



William Evarts Richards. RICHARDS & CO., William Wallace White. 

PATENT AGENTS AND SOLICITORS, 

203 Broadway, New York, U. S. A. 
1003 F Street, Washington, D. C, U. S. A. t 



Entered according to Act of Congress, in the year 1894, by Richards & Co. 
in the office of the Librarian of Congress, at Washington. 



